부당이득금
1. The Defendants: (a) from November 12, 2019 to Defendant B with respect to each of the KRW 8.5 million to the Plaintiff; and (b) on November 28, 2019 to Defendant C.
1. Facts of recognition;
A. The relationship 1) E filed a marriage report with F on July 9, 1956, and died on April 14, 2001. The F died on July 20, 201. 2) The F’s family relation certificate is a child and the Plaintiff Defendant stated the F’s family relation certificate.
3) From the date of the birth report, the Defendants lived together with her mother H and her father E, and lived separately with the F PlaintiffG. (B) The Plaintiff Defendant filed a claim for damages against F’s death on the grounds that the F’s family relation certificate was recorded as a child.
(Seoul Central District Court 2016Kadan5264740. 2) In the above lawsuit, on August 2, 2019, the Seoul Central District Court 2016Kadan5264740. 2) rendered a ruling of recommending settlement to the Plaintiff Defendant I on August 2, 2019. The decision became final and conclusive and the Plaintiff Defendant received all the above money. [Grounds] The fact that there is no dispute, Gap evidence 1-8 (including the provisional number, hereinafter the same shall apply).
- The purport of the whole pleadings
2. Determination
A. The Defendants, whether the Defendants are F’s successors or not, are indicated in F’s family relations register as F’s children, but, as seen earlier, the Plaintiff asserts that there is no parental relation between EF and EF.
In order to establish the adoptive parent relationship exceptionally in the absence of the parent-child relationship in the absence of the parent-child relationship, ① the parties have reported the birth of their natural father with the intent to establish the adoptive parent relationship, ② the adoption requirements should be satisfied.
(See Supreme Court Decision 85Meu86 delivered on February 23, 198, etc.). However, solely on the ground that the Defendants’ report of birth was filed with EF’s child, it cannot be deemed that both EF had a report of birth as a father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s husband’s father’s father’s father’s husband’s father’s father’s father’s