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(영문) 서울중앙지방법원 2019.11.27 2019가단5018672
기타(금전)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

C and D had not achieved a natural consciousness as a couple who reported marriage on June 26, 1967, and around 1972, the defendant, who had been abandoned in front of his home, was in mind of raising the defendant who had been born as his father's father's father, and was raising the defendant on the E-day E-day as his father's father's father's father and father's father's father's father.

C Before the death of July 23, 2018, the Defendant was aware of the fact that the Defendant was not a friendship between C and D only by talking the Defendant’s confidential information of birth.

After C’s death, D also died on October 10, 2018, and the property is the deposit KRW 399,843,857 and C’s deposit amount of KRW 500,00,000.

The plaintiff, as the omission of D, is the defendant's external village, and there is G as the shape of D, other than the plaintiff.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's evidence 1 through 6 (including a branch number), the plaintiff's assertion as to the ground of claim as a whole of the arguments, and the plaintiff's assertion as to the ground of claim as to the whole of the arguments, is not the plaintiff's father, but the plaintiff's defendant, at the time of the report of birth of the natural father's birth,

C The property of C was inherited by D, and since the Plaintiff and G, who is the form of the property of D, respectively, inherited to one half of the total property of D, the Defendant, who is the title inheritor, is liable to pay 200,000,000 won and damages for delay claimed by the Plaintiff out of the above inherited property.

The defendant is not the natural father of C and D, but the plaintiff's claim is not reasonable since C and A are legitimate successors in adoptive relationship with C and D.

Judgment

The report of birth of the natural father as the intention of adoption shall be made by the parties, and if the actual requirements of adoption are met, the adoption shall take effect even if it is somewhat erroneous in the form, and the adoptive parent relationship shall have the same contents as the parental relation, except that the adoptive parent relationship may be resolved by the dissolution of adoptive relation. In this case, the report of birth of the natural father shall be governed by the law.

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