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(영문) 서울고등법원 2019.05.03 2018나2055044
상속회복청구
Text

1. The judgment of the court of first instance is modified as follows.

The defendant's 140,830 won and its relation to the plaintiff on November 11, 2017.

Reasons

1. Basic facts

A. The plaintiff and the defendant are siblings.

The plaintiff and the defendant are children of C and D who were de facto marital relations, but in the family relations register, C were father and H, the legal spouse of C, as mother.

B. D died on June 11, 2015, and C died on April 6, 2016.

C. Since then, the Plaintiff’s decision that the natural father relationship exists between the Plaintiff and the deceased D, and the mother of the family relations register was corrected to the network D, and the Defendant was determined to have the natural father relationship between the Defendant and the deceased D, and the mother of the family relations register was corrected to the network D.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 22, 23, 25, 26, and 27, and the purport of the whole pleadings

2. The assertion and judgment

A. (1) In regard to the claim for recovery of inheritance, the first plaintiff asserted that the defendant was not the deceased's heir or the heir's disqualifications under Article 1004 of the Civil Code, and that only the plaintiff was the only heir of the deceased D, and that the defendant infringed the plaintiff's inheritance rights by representing the heir as the heir.

However, there is no evidence that the defendant is the deceased D's heir and the defendant is the inheritor's disqualifications under Article 1004 of the Civil Code, so the plaintiff's assertion based on the premise that the defendant is not the deceased D's heir cannot be accepted.

(2) However, a reference inheritor who becomes the other party to a claim for recovery of inheritance refers to a person who possesses all or part of the inherited property by referring to a person who has an appearance relianceing on the person who is the property inheritor or a person who occupies all or part of the inherited property by referring to the person who is the inheritor, and this constitutes a case where a person of a co-inheritors denies the inheritance rights of another inheritor and only one person

If the heir's right of inheritance (or the right of inheritance) is infringed upon by satisfying these requirements, the title heir does not require any particular requirement.

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