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(영문) 서울고등법원 2016.05.27 2015나2039706
유류분반환청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff was born from the Gosung-gun M to C and N. The Plaintiff was born to his wife.

B. On February 20, 1954, C reported the Plaintiff as the natural father’s husband’s wife E (which is indicated as the marriage report on September 8, 1937 in the family register). The Plaintiff is also written as the natural father’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s wife’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s

C. C died on June 1, 2002, and E died on May 9, 2013.

(hereinafter referred to as “the network E”) D.

On September 5, 2013, the Defendant completed the registration of ownership transfer on May 9, 2013 with respect to the building of 110.1 square meters and its second floor (hereinafter “instant real estate”) which was owned by the Deceased, Jongno-gu Seoul, Jongno-gu, Seoul, and the second floor.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 through 3, Gap evidence 4-1, 2, Gap evidence 9, Eul evidence 1, Eul evidence 1, part of the witness at the trial, and the purport of the whole pleadings

2. Judgment on the assertion

A. The summary of the Plaintiff’s assertion 1) A’s report of birth as the father’s father is effective as adoption between the deceased and the Plaintiff. In other words, the deceased consented to the report of birth as the father’s father between C and the deceased’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s husband’s father’s father’s husband’s father’s husband’s father’s husband’s father’s father’s husband’s husband’s father’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s

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