(영문) 인천지방법원 2019.02.22 2018가합57864 (1)

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(영문) 인천지방법원 2019.02.22 2018가합57864 (1)

채무부존재확인

Text

1. The Plaintiff’s obligations and all other obligations related to the inherited property upon the death of the deceased D are against the Defendant.

Reasons

1. Basic facts

A. On August 3, 1982, the Plaintiff and the deceased D (hereinafter “the deceased”) married on August 3, 1982, and decided to adopt the Defendant, who is the deceased’s son, who was the deceased’s son, and reported the birth of F as a natural father born during the marriage between the Plaintiff and the deceased.

B. The Defendant married with Nonparty G on February 22, 2006.

C. The deceased died on May 21, 2006, and on the land and its ground of the name of the deceased, the deceased died on June 13, 2006, the plaintiff future on June 13, 2006.

5.21.The registration of transfer of ownership was completed on the ground of the split-off in consultation.

The Plaintiff and the Defendant agreed to dissolve the dissolution on April 4, 201, and agreed to the effect that “the Plaintiff shall pay KRW 30,000,000 to the Defendant as a living subsidy. The Defendant shall not file a monetary claim against the Plaintiff in the future.”

The Plaintiff paid KRW 30,000,000 to the Defendant according to the above agreement.

E. On August 30, 2011, the Plaintiff filed a lawsuit seeking confirmation of denial of paternity with the Incheon District Court Decision 2011ddan7413, and was sentenced by the above court to the effect that “the Plaintiff and the Defendant did not have parental relation,” and the said judgment became final and conclusive around that time.

F. The Defendant asserted that the Plaintiff abused the Defendant from the time of the Plaintiff’s birth, took advantage of the benefits, etc., and that the deceased’s inherited property was dead, and that the return or distribution was claimed.

【Ground for Recognition: Facts without dispute, entry of Gap evidence 1 through 7, purport of the whole pleadings】

2. The parties' assertion

A. The Plaintiff and the Defendant agreed to pay KRW 30,00,000 to the Defendant under the terms of the agreement on the dissolution of the adoptive relation upon the Defendant’s request for the allocation of inherited property, even though the agreement was reached between the Plaintiff and the Defendant on June 13, 2006.

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