1. The plaintiff's claim of this case is dismissed.

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

1. Basic facts

A. C and D lived with themselves in a de facto marital relationship, and the plaintiff, defendant is C and D's father.

B. D around June 19, 196, purchased the Nowon-gu Seoul Special Metropolitan City E Apartment F (hereinafter “instant apartment”).

C and the Defendant completed the registration of ownership transfer (C2/10 shares, Defendant 8/10 shares) for the instant apartment on July 13, 2012.

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

The Defendant received a legacy of the instant apartment C’s share as to the instant apartment, and owned it in full, and sold the instant apartment at KRW 300 million to G around June 15, 2016.

E. The Plaintiff and the Defendant underwent genetic testing at Seoul National University Hospital around August 2016, in order to bring a lawsuit seeking confirmation of paternity or existence of paternity against H entered in the family relation register.

The Plaintiff first filed a lawsuit seeking confirmation of existence of paternity, and changed the mother on the family relation register from H to D.

F. On July 19, 2018, the Defendant rendered a judgment (the Seoul Family Court 2018DD’s 9848) that “The existence of the paternity exists between the Defendant and D” (the Seoul Family Court 2018D 9848). On February 22, 2018, the Defendant asserted that the paternity does not exist against H, etc., and filed a lawsuit seeking confirmation of the existence of paternity (the same court 2018D 5112).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 through 4, 7, 22, 23, 25, 26, and 27, and the purport of the whole pleadings

2. The plaintiff's assertion

A. The plaintiff is the only heir of D.

B. The Defendant referred D’s heir as follows, thereby infringing upon the Plaintiff’s legitimate inheritance right.

1 The defendant and C have forged a sales contract on the apartment of this case using the fact that D's recognition function has deteriorated due to diseases such as cerebrovascular, etc., and completed the registration of ownership transfer.

After the death of C, the Defendant acquired all shares in the instant apartment, sold them to a third party, and then sold them to the Plaintiff.