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(영문) 광주지방법원 2017.12.14 2017가합56235

손해배상(기)

Text

1. Defendant C and D shall jointly and severally serve as KRW 50,000,000 for Plaintiff A and as a result, from July 28, 2017 to December 14, 2017.

Reasons

1. Basic facts

A. On March 12, 1959, the plaintiff A and the defendant D (F) were legally married couples who completed the marriage report on March 12, 1959, and were 1 South and North Korea (H, 1959 students), G (H, 1959 students), I (1961 students), J (1963 students), and plaintiff B (1966 students) among them.

B. In around 1967, Defendant D transferred her house to Plaintiff A, and Defendant C gave birth to K around March 1968, Defendant C filed a double report of birth and establishment of a new family with his mother and birth date M around May 18, 1968, and completed the marriage report with Defendant C on the same day.

C. Defendant D was living together with Defendant C, and had K (N(1968), N(1970), and O(1971) between them.

(1) On June 25, 2010, Defendant C filed a petition for adjudication of disappearance with respect to Defendant D (M) with the Gwangju District Court Family Branch of the Gwangju District Court Decision 2010-Ma988, Defendant C submitted the letter of certification of the race of Defendant E and received adjudication of disappearance on March 21, 201, and the said adjudication became final and conclusive on April 8, 2011.

(2) On December 30, 2015, the Plaintiffs, G, and J filed an adjudication seeking the revocation of the adjudication of disappearance of this case under the Gwangju Family Court 2015-Ma30141. On November 30, 2016, the said court rendered an adjudication revoking the adjudication of disappearance of this case on November 30, 2016, and the said adjudication became final and conclusive on December 21, 2016.

E. (1) On April 9, 2014, Plaintiff A filed a lawsuit claiming divorce, consolation money, and division of property against Defendant D (Seoul Family Court 2014Dhap91). Defendant D filed a lawsuit against Plaintiff A seeking divorce (Seoul Family Court 2015Dhap3233).

Plaintiff

A’s principal claim was concluded as the withdrawal of lawsuit on July 17, 2015, and the court of first instance rendered a judgment dismissing Defendant D’s counterclaim on September 22, 2015, and the Defendant’s appeal (No. 2015Reu2130) and appeal (No. 2016Meu1699) were dismissed, and the judgment of the court of first instance became final and conclusive.

(2) The Plaintiffs, G, and J are Defendant C and D on September 17, 2015.