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The judgment below
The part against the defendant is reversed, and that part of the case is remanded to the Panel Division of the Seoul Central District Court.
Reasons
The grounds of appeal are examined.
1. Articles 1065 through 1070 of the Civil Act stipulate the method of will strictly with the intention of clarifying the will of the testator and preventing legal disputes and confusion arising therefrom. Thus, a will contrary to the statutory requirements and methods may not be null and void even if it conforms to the true will of the testator.
(See Supreme Court Decision 98Da17800 delivered on September 3, 199, and Supreme Court Decision 2005Da57899 delivered on March 9, 2006, etc.). Accordingly, a will based on a self-certificate shall have the effect only on a testator’s full full full text, date, address, and name and affixed his/her seal pursuant to Article 1066(1) of the Civil Act. If the testator did not have the domicile, it shall not be denied its effect as a will inconsistent with the legal requirements and method, and it shall not be deemed that there is no obstacle to the identity of the testator.
In this context, the address required to do so is not necessarily required to be registered under the Resident Registration Act, but at least it is a base of life under Article 18 of the Civil Code and must be marked to the extent that it is distinguished from other places.
2. The reasoning of the lower judgment reveals the following facts.
Around November 2, 2005, the deceased C (hereinafter referred to as the “the deceased”) drafted a will (hereinafter referred to as the “the will of this case”) stating that “I will will keep all the property from the son (such as Gangnam-gu I house, etc.)” and that “I will keep it from the son to eliminate the combustibility between his children after the fact.”
The Deceased, at the end of the instant testament, signed and sealed the preparation date ( November 2, 2005), resident registration number, and name (C), and entered “H” on the side of the preparation date.
The Deceased was registered as a resident in Gangnam-gu Seoul N No. 1 (hereinafter “instant real estate”) from October 13, 2005 to September 6, 2008.
However, the Deceased is around August 2007.