Text
All of the plaintiffs' lawsuits of this case are dismissed.
The costs of lawsuit shall be borne by the plaintiffs.
Reasons
1. Basic facts
A. H:
I. As a result, the Court gave birth to a person in a false name, and thereafter has formed a de facto marital relationship with K.
H With the birth report to J on March 20, 1976, on March 20, 1976, K and N were born between Defendant E and M, who is K’s Cho, and Defendant E is N’s child.
c) the mother was registered on the family register with the Defendant F, his wife.
B. On November 4, 1991, the J gave birth to G between the person in an infinite name.
Since May 10, 1996, J married with D on May 10, 199, and the J gave birth to the plaintiffs between D and D.
C. The J died on September 8, 2010, and thereafter G was killed in the line of duty on August 27, 2012 while entering the Gun and serving in the 22th Masters on August 27, 2012, and died in the line of duty on June 21, 2014.
(hereinafter referred to as “the deceased”). D.
With respect to the deceased’s death on duty, the Defendants received 108,91,110 won for death under the Military Pension Act, 20,000 won from the National Pension Federation of Korea on November 2, 2015, and 10,000 won for death on November 10, 2015 from the Korea War Veterans Association, respectively, in the capacity of external father-parents of the deceased, and from the Korea War Veterans Association of Gwangju on September 9, 2015, respectively.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 8, Eul evidence 2, the purport of the whole pleadings
2. The plaintiffs' assertion
A. Even if the Defendants’ children are not the Defendants’ children, the J was registered as the Defendants’ children only on the family register in the process of the report of birth. At the time, the adoption did not meet the actual requirements of adoption between J and the Defendants, and thus the said false report of adoption cannot be deemed as effective. Therefore, there is no natural relationship or adoptive relationship between the J and the Defendants.
Therefore, the Defendants are not lineal ascendants of the deceased, and thus cannot become the inheritor of the deceased, and the Plaintiffs, a sibling of the deceased, become the legitimate inheritor of the deceased.
B. However, the Defendants, based on the registration of the deceased as the external father-parent on their family register, shall be the survivor pension under the Military Pension Act.