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(영문) 서울동부지방법원 2019.01.11 2017가합100206
유언효력 확인의 소
Text

1. As shown in attached Form 1, the list in attached Form 2, which was held by the deceased C on February 20, 2014 by the certificate of completion of the work.

Reasons

1. Determination on the main claim

A. 1) The Plaintiff and the Defendant: (a) were children between the deceased Non-Party C (Death on July 16, 2016) and Non-Party D (Death on September 13, 2014). (b) The deceased C (hereinafter “the deceased”) drafted a testament document by writing on February 20, 2014, before the death, as shown in attached Table 1.

(3) On November 2, 2016, 2016, after the death of the deceased (hereinafter “the instant will”). On November 2, 2016, the process of certifying the instant will was carried out (Seoul Family Court Decision 2016Ra6961), the Defendant stated to the effect that the writing recorded in the will book is different from the writing body of the deceased, and that the stamp image affixed with the seal may not be recognized as similar or similar to that of the deceased. [In the absence of any dispute over the grounds for recognition, the descriptions and images of evidence Nos. 1, 4, 5, and 8, and the purport of

B. The summary of the party's assertion 1) The defendant denies the validity of the testament of this case even though the plaintiff deceased prepared the testament of this case through lawful procedures according to his own will. Thus, the defendant A) The testament of this case is not deemed to have been prepared by the deceased because the document prepared by the deceased in his birth and the writing, habit, and form are different. Thus, the testament of this case cannot be deemed to have been prepared by the deceased's own writing. The testament of this case is invalid because the plaintiff or the third party's writing of the deceased was forged in satisfing the writing of the deceased. (b) The testament of this case is effective by the testator's own document, and it is apparent that some of the contents of the will of this case are written by the third party, not written by the deceased.

C) Inasmuch as the Deceased was diagnosed immediately before the preparation of the instant testamentary book, he did not have the ability to prepare the testament on his own hand. C. Determination as to the cause of the claim 1) In the case of a will by a certificate of completion, the testator must write his full text, date, address, and name and affix his seal thereto.

(Article 106.1 of the Civil Code). 2 Doctrine 2, Gap evidence Nos. 4 and 8, and the result of written appraisal of appraiser E and F, respectively.

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