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(영문) 수원지방법원 안양지원 2018.06.08 2017가합365
유언효력
Text

1. On November 17, 2016, the Seoul Family Court 2016Hun-Ma7233 cases involving a testamentary document confirmation claim, the above court’s seal of approval on November 17, 2016

Reasons

Basic Facts

The deceased E (hereinafter referred to as “the deceased”) died on February 1, 2016, and the heir is the Plaintiffs and the Defendants, who are children.

On February 12, 2011, a testamentary document in the name of the deceased (hereinafter “instant testamentary document”) was drawn up as shown in the attached Form.

The testamentary document of this case contains the full text, preparation date, the name, address, etc. of the deceased under the title of the deceased’s “Will” in his/her own writing. The stamp image of the deceased is affixed on the right side of his/her name. In deletion or modification of the word, the deceased indicates “a person for correction,” and the stamp image of the deceased is affixed thereon.

The instant testamentary document states that “The deceased’s inheritance share, movable property, the entire deposit in the Bank of Korea, and all of the property in cash, shall be bequeathed equally to the plaintiffs on each deceased’s inheritance share, movable property, and this property on the housing of 69.8 square meters in Seodaemun-gu Seoul Metropolitan Government and G 122.6 square meters in G, H-286.9 square meters in Mapo-gu, Seoul, and the second floor above the above ground.”

Plaintiff

On August 17, 2016, A filed an application with the Seoul Family Court 2016 Ma7233, the Seoul Family Court, and the Seoul Family Court investigated the original of the instant testamentary document on November 17, 2016.

On the above date, Plaintiff B stated that there was no objection to the instant testamentary document, and the Defendants stated that there was an objection to all parts of the instant testamentary document.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 through 5, and Eul evidence Nos. 7 (including a serial number), and a will to be made by a copy of the original purport of the entire pleadings, the testator shall write his full text, date, address, and name, and affix his seal thereto. In addition, the testator shall write, delete, or modify the above deed (Article 1066 of the Civil Act) and affix his seal thereto (Article 1066 of the Civil Act). The will and its preparation date by his own writing of the deceased, and the testament of this case shall be made.

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