(영문) 서울중앙지방법원 2018.04.06 2017가합539719

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(영문) 서울중앙지방법원 2018.04.06 2017가합539719

유언효력확인 등의 소

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a father of E (the deceased on August 16, 2016, hereinafter “the deceased”), and Defendant B is the deceased’s spouse, Defendant C, and D’s children.

B. On March 8, 2016, the Deceased completed a testamentary certificate (hereinafter “instant testamentary certificate”) with respect to the Seocho-gu Seoul Metropolitan Government F building (hereinafter “the instant real estate”) owned by the Deceased, a notary public, as indicated below, as the law firm No. 1621, 2016.

Of the instant real estate, Nos. 201 and 202 shall be bequeathed to Defendant B.

Of the instant real estate, KRW 402 shall be bequeathed to the Plaintiff.

Of the instant real estate, Nos. 302 and 502 among the instant real estate shall be bequeathed to Defendant C.

Of the instant real estate, heading 203, 301, and 501 among the instant real estate shall be bequeathed to Defendant D.

C. On July 30, 2016, the Deceased was hospitalized in the HoTol University’s hospice ward ward ward, and a written will was drawn up by the Deceased on July 30, 2016 (hereinafter “the instant written will”). D.

Pursuant to the instant testamentary certificate, Defendant B completed the registration of ownership transfer based on testamentary gift regarding 201 and 202 among the instant real estate on October 5, 2016. Defendant D completed the registration of ownership transfer based on testamentary gift regarding 203, 301 and 501 among the instant real estate on October 17, 2016.

E. Meanwhile, the Plaintiff applied to the Seoul Family Court for a seal of approval on the instant written will and obtained a seal of approval on November 17, 2016.

The Defendants raised an objection to the purport that the Deceased had no capacity to make a will at the time of the preparation of the written will of this case in the above approval seal procedure, and that the written body of the testament is different from the written body of the Deceased.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 4, the result of written appraisal by appraiser G, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion in the instant case is a will made by the deceased’s will under the condition that the deceased has a will ability.

유사 판례

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-서울중앙지방법원 2020.05.08 2019가합540737

-서울동부지방법원 2014.04.02 2012가합11127

-대구지방법원 2020.05.27 2019나316845