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(영문) 서울중앙지방법원 2017.06.02 2016가합534236
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are legally married couple who completed the marriage report on December 6, 2002.

B. Around spring spring in 2003, the Defendant became aware of Plaintiff A through a dumping flapsing procedure, and gave birth to Plaintiff E to a person other than the DNA marriage by continuing to teach with Plaintiff A.

C. However, around November 201, Plaintiff B became aware of the birth relationship between Plaintiff A and the Defendant and the birth of E, and therefore, there were many conflicts between the Plaintiffs and the Defendant due to childcare problems, etc., the Plaintiffs decided to nurture E between the Defendant and the Defendant on November 28, 2014, and the Plaintiffs were delivered E from the Defendant on November 28, 2014, but E was transferred to the Defendant, and the Defendant was handed over to the Defendant, and the Defendant was brought up.

On August 11, 2015, the Defendant brought an action against Plaintiff A seeking recognition by the Seoul Family Court 2015ddan43267, as the legal representative of Plaintiff E, while bringing up for childcare.

E. Of that, the Plaintiffs and the Defendant: (a) received KRW 210,00,00 from the Defendant; (b) did not withdraw the lawsuit for recognition to the Defendant; (c) did not change E; and (d) made contact to the Plaintiffs’ family members; and (d) paid KRW 210,00,000 on December 14, 2015 (hereinafter “instant payment note”; and (c) made an agreement made thereunder to the Defendant on December 13, 2015 (hereinafter “instant payment note”); and (d) paid KRW 210,000,000 in total, including the amount of KRW 26,20,000,000 on February 26, 2016.

The Defendant withdrawn the suit seeking recognition on December 14, 2015 in accordance with the instant payment note agreement, and on April 22, 2016, the Defendant “Plaintiff” against the Plaintiffs on April 22, 2016, separate from the instant payment note agreement, “F housing (hereinafter referred to as “F housing”) located in Seocho-gu Seoul, Seocho-gu, a Plaintiff-owned owner, at the time of the instant payment note agreement.”

In the event of this sale, half of the purchase price shall be borne by the Defendant E.

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