beta
(영문) 서울동부지방법원 2017.06.14 2015가단374

상속회복청구 등

Text

1. The Defendant is based on the Plaintiff’s return of legal reserve of inheritance on January 12, 2015 regarding 972 share out of the shares listed in the separate sheet.

Reasons

1. Facts of recognition;

A. C (1919) married with D on December 14, 1956 and kept the defendant (1955), E (1958), and F (1961) in sleep.

B. C returned to G on January 4, 1969 after divorce with D.

C. On May 6, 1980, C reported the Plaintiff (the Plaintiff, one of his married children, 1977), who was his married children, to G.

Since then, the Plaintiff was growing G as her mother, and G was fostering the Plaintiff as her father.

After the death of G, the Plaintiff became aware that G was not his or her relative.

C was a shareholder of H, a corporation, holding 4,281 shares of the said corporation (which shall not be issued) (hereinafter “instant shares”). However, on December 31, 201, C donated all shares to the Defendant.

At the time, C did not have any property other than the shares of this case.

E. C On September 5, 2012, G died on November 29, 2014, respectively.

[Ground of recognition] Facts without dispute, Gap 1 to 3 evidence, Eul 1 and 2 evidence (including paper numbers), the purport of the whole pleadings

2. In light of the existence of the Plaintiff’s adoptive parent relationship between the Plaintiff and G, G appears to have had an intent to adopt the Plaintiff at the time of the report of birth as a natural father, and it is determined that the Plaintiff satisfies all the substantial requirements for adoption by implied ratification of the report of birth in lieu of the said adoption after the Plaintiff became 15 years of age.

The report of birth against the plaintiff shall have the effect of the adoption report.

Therefore, the adoptive parent relationship between the plaintiff and G was established.

3. Determination as to the cause of action

A. The Plaintiff’s legal reserve of inheritance and G were infringed upon due to the donation of the instant shares.

The plaintiff as a general successor of G may exercise his/her right to claim the return of legal reserve of inheritance as a single heir of G.

(See Supreme Court Decision 2012Da80200 Decided April 25, 2013). The Defendant asserted that G renounced legal reserve of inheritance, but there is no evidence to acknowledge this.

The ratio of the plaintiff's legal reserve of inheritance shall be 5/22 [Self-Appellant.]