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(영문) 대구고등법원 2018.01.18 2017나23586
상속분에 상당한 가액의 지급청구
Text

1. The plaintiff's appeal is all 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. The reasoning of the judgment of the court of first instance citing the instant case is as follows, and the reasoning of the judgment of the court of first instance citing the instant case is the same as that of the judgment of the court of first instance, and thus, it cites it as it is in accordance with the main sentence of

2. The portion to be judged additionally by the trial.

A. The Plaintiff asserts that “The instant claim is not a claim by the Plaintiff for the share of the property of the deceased G on the premise that it is a legal-friendly relationship with the deceased G, but a claim for the share of the property of the deceased F on the premise that it is a relationship with the deceased G and natural blood relative, and based on evidence, the Plaintiff may recognize the fact that the deceased is in a relationship with the deceased F and sibling, so the instant claim for the payment of money

In the case of a child born out of wedlock, the parent-child relationship does not need stamp, but legal parent relationship can be recognized, but the father-child relationship only arises by recognition, and the parent-child relationship is not recognized under the law, unless there is such recognition.

In other words, even if they are in a relationship of natural blood relative, they can not be recognized as the legal parent-child relationship unless they are aware of it.

Furthermore, if the legal parent-child relationship between a child born out of wedlock and a father cannot be recognized, the relationship between the sibling living together with the father may not be recognized.

Therefore, even if the plaintiff is in a relationship with the deceased G and natural blood relative, if it cannot be recognized as a legal parent-child relationship because there is no recognition, it cannot be recognized as a share of inheritance for the property of the deceased F as a sibling living together with the deceased F. Therefore, the plaintiff's above assertion is without merit.

B. In interpreting Article 100(1)3 of the Civil Act regarding the order of inheritance, the Plaintiff’s mother and child relationship is determined only by the birth in the case of the inheritor’s mother and child relationship. Therefore, it may not be required to file a lawsuit for recognition or recognition under the Civil Act.

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