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(영문) 서울동부지방법원 2018.12.11 2016가단101625

유류분반환 등 청구의 소

Text

1. On February 2, 2016, Defendant C’s 25,01,402 won, Defendant E’s 12,454,236 won, and each of the said money.

Reasons

1. Basic facts

A.F married with G, thereby having H, Defendant C, B, and D as its child.

B. After having divorced from G, F reported marriage with I on November 26, 1971, and had the Plaintiff as his child, and J and K, one of the I’s children, as their own child.

C. The F died on January 21, 2015

(hereinafter referred to as “the deceased”). D.

J and K transferred to the Plaintiff on December 31, 2015 all rights related to their shares of inheritance (such as legal reserve of inheritance), and the Plaintiff’s complaint stating the transfer has reached the Defendants.

E. H filed a lawsuit against the Plaintiff on the claim for the return of legal reserve of inheritance, and the compulsory conciliation was finalized to the effect that “the Plaintiff shall pay the Plaintiff KRW 56 million to H, and transfer all the rights and obligations of H’s heir to the Plaintiff.”

[Ground of Recognition] Unsatisfy, Gap evidence Nos. 1, 3, and 8 (including virtual number)

2. The Defendants asserted that they received a large number of real estate and cash donations before the deceased’s birth, thereby infringing upon the legal reserve of inheritance of J, K, and H, which are co-inheritorss of the deceased. Thus, the Plaintiff, who received the right to claim the return of legal reserve of inheritance from J, K, and H, shall return the amount of violation

3. Determination

A. (1) If an inheritor and a person whose share of inheritance is confirmed (1) have reported the birth of a natural father with the intention of adoption, and if all the “actual requirements for adoption” are met, the adoption becomes effective even if the form was erroneous, and the adoptive parent relationship has the same content as that of the adoptive parent, except that the adoptive parent relationship can be resolved by the dissolution of adoptive relation. In this case, the report of the birth of a natural father has the function of reporting the adoption, which is a legal parent-child relationship.

In addition, in order to say that the "effective requirements for adoption" are met, there is an agreement on adoption, a person under the age of 15 must fall by his/her legal representative, and the adopted child shall continue to exist by his/her adoptive parent.