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(영문) 수원지방법원안양지원 2020.01.10 2019가합100245
유언효력확인 등 청구의 소
Text

1. In the case involving the Suwon District Court’s Gyeyang Branch’s 2018 Diplomatic Branch’s 100187 testamentary document inspection, the said court affixed the seal of approval on December 18, 2018.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants are children of D, and the Plaintiff is South and North Korea, Defendant B, and Defendant C are women.

B. D died on July 16, 2018.

C. On December 18, 2018, after the death of the deceased D (hereinafter “the deceased”), the Plaintiff filed an application for the approval seal of the testamentary document with the Suwon District Court Branch No. 2018 Madan100187, which was located after the death of the deceased. The testamentary document subject to the approval seal is the testamentary document of April 13, 2018 under the name of the deceased (hereinafter “the testamentary document of this case”). The content of the said testamentary document is as follows.

A testator's H will by the Gu F apartment G during the Ansan-si of Gyeonggi-do.

1.B wills shall be made as follows:

(1) With respect to the legacy of property, the entire area of the IJ K L NA PPR S in Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, A (F apartment G at the Gyeonggi-do, and this legacy becomes effective upon the death of B (2) will be designated as the executor of the will to perform the testamentary gift. The name D (the name D) of the testator on April 13, 2018, 2018, for the execution of the testamentary gift.

D. The Defendants participated in the approval seal procedure and stated that “the telephone number stated in the instant will is not the telephone number used by the Deceased, but the Plaintiff’s telephone number, and there is no strawing about the preparation of the instant will before the Deceased’s birth, and it cannot be known whether the will of this case was prepared as the deceased’s truth.”

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including branch numbers), and the purport of the whole pleadings

2. Determination as to the cause of action

(a) In case of a will by a self-certificate, the testator shall affix his seal thereon with the full text, date, address, and name; and

(Article 106(1) of the Civil Code provides that the authenticity of a document may also be proved by the comparison of a penology or a seal imprint, and the comparison of a penology or a seal imprint and a seal imprint shall belong to the free trial of the fact-finding court.

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