A. The Plaintiff was born on the D date between the deceased C and the former, but did not report the birth at that time.

Since then, on April 28, 1976, the deceased C reported the marriage to the deceased E and April 28, 1976, and the Plaintiff reported the birth of the deceased C and the deceased E on the same day.

B. On June 3, 2015, from the network E IBK account to the Defendant’s national bank account, a partner of the network E, from June 3, 2015, KRW 80 million was transferred from August 5, 2015 to the Defendant’s wife F’s agricultural bank account.

C. Meanwhile, the deceased on September 29, 2006, G born between the deceased C and the deceased on September 29, 2013, and the deceased on December 18, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 9, purport of the whole pleadings

2. The parties' assertion

A. Although the Plaintiff asserted, the Plaintiff was born between C and the deceased and C, and C independently reported the birth, the Plaintiff had formed a family relationship with the intent to adopt, and thus, the Plaintiff succeeds to E as both.

In addition, if E transfers 8 million won to the defendant and the defendant deposited 3.5 million won per month, E lends 8 million won to the defendant, and the above 3.5 million won is paid to the defendant as interest.

Therefore, the Defendant is obligated to pay the Plaintiff the loan amounting to eight million won and the delay damages.

B. Defendant’s assertion 1) The Plaintiff is not the heir of E. First, not only the Plaintiff’s report of birth but also the Plaintiff’s report of birth for the Plaintiff’s elementary school admission. Therefore, the Plaintiff and E are not in a adoptive parent relationship. Therefore, even if the Plaintiff’s heir, the Plaintiff cannot assert the right to KRW 8 million to the Defendant, as it is not a donation of KRW 8 million to the Defendant.