logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.08.31 2016나2073840
상속회복
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

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 the Defendant, D, and E are children of the network G, and C is the spouse of the network G.

C. On October 2010, the Deceased was diagnosed with chest cancer on 2010, when he/she was unmarried in, and was under a scarcity, and was hospitalized in the K Hospital on January 9, 2013 due to the pulmonal difficulty and heat, and was hospitalized in the K Hospital on February 2, 2013, while maintaining the true state of waters, and was killed on February 2, 2013.

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

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

F. On June 17, 2013, the Plaintiff filed a lawsuit against the Defendant seeking confirmation of invalidity of adoption (Seoul Family Court 2013Ddan303903), and rendered a judgment on May 27, 2014, that “The instant report was unilaterally made by the Defendant under the circumstance that the Deceased did not have awareness of maintaining the authenticity of the adoption due to the administration of the said report, and the adoption was not made by the Defendant.” The Plaintiff appealed (Seoul Family Court 2014Reu30132), but the Defendant was sentenced to a judgment dismissing the appeal on January 9, 2015 (Supreme Court 2015Meu8047), but the said judgment became final and conclusive on May 14, 2015 after having been sentenced to a final judgment on May 14, 2015.

(g) The instant real estate was owned by the Deceased. The Defendant’s ownership of the instant real estate on March 21, 2013 was based on inheritance on February 2, 2013.

arrow