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(영문) 서울중앙지방법원 2016.09.28 2013가합527404
상속회복
Text

1. Defendant B:

(a) Recovery of authentic names with respect to one-fourths of the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff, the deceased F (hereinafter “the deceased”), the network G, H, and I are children of the deceased J.

B. The net G died on February 10, 2007, and Defendant B, D, and E are children of the network G, and Defendant C is the spouse of the network G.

C. On October 2010, the Deceased was diagnosed with chest cancer on 2010, when he was unmarried in, and was subject to sprinking, and was under radiation treatment and air cancer treatment from January 3, 2013 to January 3, 2013. On January 9, 2013, the Deceased was hospitalized in a middle-class patient room through the K Hospital emergency room due to a difficulty in respiratory and heat outbreak, and was killed on February 2, 2013, while maintaining the state of true waters, he was unable to recover consciousness.

On February 7, 2013, Defendant B reported the deceased’s death.

E. On January 17, 2013, Defendant B submitted to the Seongbuk-gu Seoul Metropolitan Government Office an adoption report containing both the deceased and the Plaintiff, and the said adoption report (hereinafter “instant adoption report”) was accepted, and the adoptive parent relationship between Defendant B and the deceased was entered in the family relation register.

F. On June 17, 2013, the Plaintiff filed a lawsuit against Defendant B seeking confirmation of invalidity of adoption (Seoul Family Court 2013Ddan303903), and rendered a judgment on May 27, 2014 that “The instant adoption report was unilaterally made by Defendant B under the circumstances in which the Deceased did not have awareness due to the maintenance of the authenticity and state due to the filing of a petition, and the instant adoption report was actually made by Defendant B, without any agreement between the parties to the adoption, and thus, is confirmed as null and void pursuant to Article 83 subparag. 1 of the Civil Act.” The Plaintiff appealed (Seoul Family Court 2014Reu30132), but was sentenced to a judgment on January 9, 2015 (Seoul Family Court 2015Meu8047). However, the final judgment became final and conclusive after being sentenced on May 14, 2015.

G. The real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by the Deceased, and Defendant B owned the instant real estate on March 21, 2013.

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