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(영문) 광주고등법원 2016.09.07 2016나720
상속권부존재확인
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

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

Reasons

1. The plaintiffs' assertion

A. G was killed in the line of duty on June 21, 2014, while entering the Gun on August 27, 2012 and serving in the 22th Team (hereinafter “the deceased”), and J, the mother of the deceased, died on September 8, 2010, and the father of the deceased was not registered in the register of the deceased’s family relations.

The Defendants reported the birth of J as the Defendants’ children even though J, the mother of the Deceased, was not the Defendants’ children, and the Defendants were not the deceased’s heir as they did not meet the actual requirements of adoption at the time.

B. Nevertheless, the Defendants, using the registration of the deceased’s external father-parents in the family relations register, were either paid a survivor pension under the Military Pension Act, retirement allowance, compensation for death, condolence money, etc., and disaster consolation money under the Military Mutual Aid Association Act, and a State in accordance with the Framework Act on Military Welfare, in which the deceased was enrolled as the insured, or received the death insurance money, etc.

C. The plaintiffs, who are brothers and sisters of the deceased's Lee Dong-dong Uniforms, seek confirmation against the defendants that the defendants did not have inheritance rights due to the death of the deceased. Accordingly, the plaintiffs have the right to claim various compensation, such as survivor pension, retirement allowance, condolence money, death insurance, etc. to be paid by the National Armed Forces Finance Management Body upon recognition of the deceased's inheritance rights pursuant to the related Acts and subordinate statutes, such as the Military Pension Act. Since the defendants' right to claim restitution of unjust enrichment against the death insurance amount already received, the lawsuit of this case has a benefit

2. Determination as to the defendants' main defense

A. The Defendants asserted that the lawsuit of this case by the Plaintiffs is unlawful as there is no benefit of confirmation.

B. The lawsuit for confirmation of judgment is not necessarily limited to a legal relationship between the parties, but is a party.

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