1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On February 20, 1954, the Plaintiff was born between C and his wife, and C reported on February 20, 1954 as a person born between C and the deceased’s wife E (hereinafter “the deceased”). The Plaintiff is also registered as a natural father between C and the deceased on the register of the Defendant, F, G, H, I, and I, including a certified copy of the register and family relation certificate.

B. C died on June 1, 2002, and the Deceased died on May 9, 2013.

C. On September 5, 2013, the Defendant completed the registration of ownership transfer based on testamentary gift on May 9, 2013, the Jongno-gu Seoul Jongno-gu Seoul, J. 110.1 square meters and the second floor buildings on the said ground (hereinafter “instant real estate”). The market price at the time of the commencement of inheritance of the said real estate was KRW 1,781,809,320 in total.

[Reasons for Recognition] A, Gap evidence Nos. 1, 2, 3, 5, 6, Gap evidence No. 4-1, 2, Eul evidence No. 1, the result of appraiser K's market price appraisal, the purport of the whole pleadings

2. The plaintiff's assertion is not the father of the deceased, but the deceased's intent to adopt the plaintiff as long as he/she reports the plaintiff as his/her natural father. The plaintiff also satisfies the substantive requirements for adoption such as taking the plaintiff as his/her father and running a community life.

Therefore, the Plaintiff is a lawful inheritor of the deceased. Since the Defendant infringed the Plaintiff’s legal reserve of inheritance by taking the entire immovable property of this case from the deceased, the Defendant is obligated to return KRW 148,484,110 equivalent to the legal reserve of inheritance and KRW 59,472,875 equivalent to the profits used from January 1, 201 to December 31, 2014.

3. Judgment on the issue (whether the plaintiff is a legitimate heir of the deceased)

A. According to the custom of the Republic of Korea in relation to the inheritance of relatives before the enforcement of the Civil Act (hereinafter “former custom”), a child born out of wedlock that the birth and father became aware of is the father.