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(영문) 대법원 1983. 11. 30.자 83스31 결정

[면장처분에대한불복][집31(6)특,86;공1984.1.15.(720) 107]

Main Issues

The cancellation of unlawful entry in the family register injury on the basis of the method of appeal for the disposition of the Si/Eup/Myeon.

Summary of Judgment

As long as the head of Eup/Myeon/Dong entered the family register on the report, even if the entry is illegal or invalid, the correction is not a procedure for correction of the family register in accordance with Article 120 of the Family Register Act, but it is not a procedure for objection to the disposition of the head of Si/Eup/Myeon.

[Reference Provisions]

Article 120, Article 125 of the Family Register Act

Re-appellant

A

Principal of the case

B

Judgment of the lower court

Gwangju District Court Order 83BB1 dated September 24, 1983

Text

The reappeal is dismissed.

Reasons

If the head of a Si/Eup/Myeon makes entries in the family register with respect to a family register case, even if the entry is illegal or invalid, it is interpreted that such correction is not a procedure for correction of the family register in accordance with Article 120 of the Family Register Act, but it is not a procedure for objection to the disposition of the head of Si/Eup/Myeon.

Therefore, as long as the appointment of guardian C was entered in the family register of minor B by the report, the report of the appointment of guardian C is accepted, and as to the disposition of the head of the Dong where the report of the appointment of guardian was not accepted by the re-appellant, the above appeal cannot be permitted, and as such, the decision of the court below which judged that the appeal of the re-appellant's appeal is unlawful, the reappeal's appeal is justified, and it is without merit.

This is decided by the assent of all participating judges.

Justices Jeon Soo-hee (Presiding Justice)

심급 사건
-광주지방법원 1983.9.24.자 83브1
참조조문
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