logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.03.29 2016가합534120
유언효력확인 등 청구의 소
Text

1. The District Court of the Republic of Korea has taken charge of the cases of examination of a testamentary document No. 2015 was 2015-Ma735, Jan. 26, 2016, and shall take the measures of examination of the deceased's Republic of Korea.

Reasons

Basic Facts

The plaintiff and the defendant are children of the deceased C (the deceased on April 9, 2015, hereinafter referred to as "the deceased") and D (the agreement on November 27, 200).

The Deceased had left the testamentary book of April 17, 2013 (hereinafter “instant testamentary book”). The instant testamentary book contains the full text of a will, the date of preparation, the deceased’s address, resident registration number, and name and affix his/her signature and seal on the right side of his/her name.

The full text of the will of the testament of this case states that “the Plaintiff shall grant all the deceased’s property, such as the deposit claims against the Koyang-si, Namyang-si, 106, 1601, and the national bank.”

On January 26, 2016, the court below held that only the plaintiff (in the absence of the defendant) was present at the District Court of Jung-gu (2015Ra735) on the will of this case and approved the will of this case.

【The ground for recognition” did not exist, each entry in Gap's 1 through 7 (including each number), and the purport of the entire pleading by the plaintiff's deceased's assertion of the purport of the whole pleading, and sought confirmation that the deceased's will by entry in the testament of this case is valid against the defendant to the co-inheritors who asserted the validity.

The completion of the Defendant’s testamentary design of this case is different from the Plaintiff’s pre-explosion, and its content is different from that of the Deceased’s pre-explosion, and thus, the content of the instant testament’s will has no effect as a will.

Judgment

In order to make a will by a written document of completion, the testator must write his full text, date, address, and name and affix his seal thereon.

(Article 106(1) of the Civil Act. The fact that the will of this case contains the full text and date of the will, the address and name of the deceased, and the signature and seal on the right side of the name are recorded in the testament of this case is as seen earlier. In full view of the entries in the evidence No. 6-1 and No. 2, and the purport of the entire pleadings as a result of the appraiser F’s appraisal, the writing of the will of this case is recognized as identical to the writing of the deceased’s life. Thus, the deceased’s own writing is recognized

arrow