[호적정정허가신청기각결정][집25(3)행027,공1977.12.15.(574),10385]
Whether it is permitted to correct the family register in a way to simplify the 2nd family register.
In the case of a second-class family register, an application for correction of a family register shall not be permitted, as the first day after the family register becomes null and void under the Family Register Act is transferred to the family register, and an application for correction of a family register shall not be permitted.
Article 120 of the Family Register Act
Concurrent Case A
B Other 3 persons
Seoul Family Court Order 76B68,69,70,71,72 dated January 11, 197
The reappeal is dismissed.
The grounds of reappeal are examined.
Because there is a strong probative value that is the only public book that registers the family relation in notarial deeds, there is a strong presumption that the family relation is true, it is not requested to always fit the true status, but it is possible to accept a false report because it is only the formal review right in the application acceptance, and it is necessary to correct it in accordance with the truth and truth.
In addition, the presumption of the Family Register Act is that the correction needs to be made in the single family register, and the correction is not permitted as a way to simplify the two-way protective register which is not recognized by the law.
The Re-Appellant is recognized by the court below that he was placed in Seoul on May 14, 1953 and 2nd on August 30D, 1954, and the latter cannot be recognized as effective under the Family Register Act, and it cannot be found in the correction of the family register, and it cannot be found in the correction of the family register because the wife who was recorded in the former has died, it cannot be different from the legal principles. Therefore, the rejection of the application for the correction of the family register is correct.
The text is without merit and is so decided as per the Disposition.
Justices Kang Jeong-hee (Presiding Justice)