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(영문) 대구지방법원 2018.06.14 2017나307557
부당이득금반환
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasoning of this court’s judgment citing the judgment of the court of first instance is identical to the reasoning of the judgment of the court of first instance, except for dismissal or addition as follows. Thus, it is citing it as it is by the main sentence of Article 420 of the

2. The phrase “(the Defendant and G shall not be seen)” between the second fourth heat and the fifth heat in the judgment of the court of first instance, which is dismissed or added, is as follows:

The Defendant cannot be deemed to have a status as a heir of D, since there is no dispute between the parties as to the fact that the Defendant and G is not D, but H.

On the other hand, the defendant filed a report of birth against the defendant as the father's father and the defendant maintained the status relationship as the mother and child until D's death. Thus, the above report of birth is effective as the adoption report, and the defendant has the status as the inheritor of D, but only written evidence Nos. 26 and 27 (including each number, hereinafter the same) as the defendant's legal representative at the time when D adopted the defendant.

It is insufficient to recognize that there was a personal life record as an adoptive parent, such as care, custody, and custody of the defendant after the above report of birth, and there is no other evidence to acknowledge otherwise, it cannot be deemed that the above report of birth made by D against the defendant has an effect as an adoption report.

(See Supreme Court Decision 2004Meu1484 delivered on November 11, 2004). Accordingly, the defendant's above assertion is rejected.

[] The following legal principles shall be added to the fifth 14th tier judgment of the first instance court.

The presumption power of registration is not transferred only on the ground that the guarantor under the Act on Special Measures for the Promotion of the Change of Rights was prepared to guarantee the change of rights claimed by the registered titleholder without knowing the change of rights (Supreme Court Decision 2005Da2189 Decided April 29, 2005).

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