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(영문) 서울중앙지방법원 2019.10.02 2018가합568370
유류분반환청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The following facts do not conflict between the parties, or can be acknowledged by adding up the whole purport of the pleadings to each entry in Gap evidence Nos. 1-5.

The plaintiff was born on the E-Date between C and D.

C On July 20, 1990, at the time of the Plaintiff, reported as a child born between F (C on May 25, 1967) and one’s wife (hereinafter “instant report”) (hereinafter “instant report”), and even until now, registered as a child between C and F on the register, such as a certified copy of the register of expulsion and family relation certificate.

C died on May 10, 2010, and F died on October 1, 2017.

Plaintiff’s assertion

F The F decided to raise the plaintiff who is not the natural father and reported as the natural father.

The Plaintiff maintained the relationship between F and F and engaged in a community life, and maintained the status and living relationship of women until the time of their death, such as nursing F. Therefore, the Plaintiff satisfies the requirements for substantial adoption.

As such, even though the Plaintiff was a lawful inheritor of F, the Defendant infringed the Plaintiff’s legal reserve of inheritance by receiving a gift or testamentary gift of the entire property from F.

Therefore, the defendant is obligated to pay 469,863,323 won and damages for delay to the plaintiff with the return of legal reserve of inheritance.

Judgment

If the parties report the birth of the natural father as the intention of adoption, and if the adoption satisfies the practical requirements, the adoption takes effect. In this case, the false report of the birth of the natural father has the function of the report of adoption to give public notice of the adoptive parent-child relationship under the law.

In addition, if the natural father fails to meet the actual requirements of adoption at the time of the report of birth, the report of birth of the invalid natural father is retroactively effective if it satisfies the actual requirements of adoption after the report of birth.

In order to say that the actual requirements of adoption are met, there is an agreement on adoption, a person under the age of 13 must fall by his/her legal representative, and the adopted child shall continue or extend the adoptive parent.

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