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(영문) 대법원 2017.01.12 2016다244880
유언효력확인 등
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The court shall determine whether the assertion of facts is true in accordance with logical and empirical rules, based on the principle of social justice and equity, with a free evaluation of evidence, taking into account the purport of the entire pleadings and the result of the examination of evidence (Article 202 of the Civil Procedure Act). The facts duly confirmed by the court of final appeal that the original judgment does not exceed the bounds of

(1) Article 1066 of the Civil Act provides that “The plaintiffs shall have the right to make a will of the contents claimed by the plaintiffs on March 30, 2014,” and Article 432 of the same Act provides that “The plaintiffs shall have the right to make a will of the contents claimed by the plaintiffs on March 30, 2014.” Based on the reasoning stated in its reasoning, the court below rejected the plaintiffs’ claim seeking performance as stated in the purport of the claim.

The grounds of appeal are purporting to dispute the fact-finding that led to the judgment of the court below, and the content of the actual assertion is nothing more than an error in the selection of evidence and fact-finding which belong to the discretion of the court below

In addition, the reasoning of the judgment below is examined in light of the above legal principles, the relevant legal principles, and the evidence duly admitted. However, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, contrary to what is alleged in

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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