기타
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's ground for claim
A. The Plaintiff was born between the father, B and the mother, and the father, in the case of Japan’s Republic of Korea F.
The father B reported the birth of the plaintiff in the name of "D" on September 1, 1941, and accordingly written a certified copy of the report.
B. The Plaintiff was adopted into another family at the Green Age and used the name “G” at that place.
The plaintiff got out of Korea through abuse at the adopted family, and around January 27, 1976, the plaintiff married with his husband who is a U.S. and left Korea to the United States.
C. At the time, the Plaintiff was unable to obtain the resident registration number, and went into Korea with the passport of the Republic of Korea issued on June 21, 1979, and was transferred from H to “A” on January 19, 1983.
The plaintiff is a foreigner who can not work in Korea for more than three months, and the plaintiff currently is 75 years old will send female life together with his/her siblings in a high country.
The plaintiff must restore the nationality of the Republic of Korea and acquire the rights of the Republic of Korea citizens in accordance with the Constitution and laws, and obtain the rights of long-term stay under the Immigration Control Act and the Act on the Immigration and Legal Status of Overseas Koreans. Therefore, the plaintiff filed a lawsuit for
2. Determination as to the legitimacy of the instant lawsuit
A. In the lawsuit for confirmation on the subject of confirmation to be sought by the Plaintiff, the subject of confirmation is the present rights or legal relations, and mere fact-finding is not an interest in confirmation.
(See Supreme Court Decision 2012Da17585 Decided August 23, 2013). The purport of the instant claim is to seek confirmation that the Plaintiff is the same person as D (E) born between the network B and the network C, and is unlawful as it seeks confirmation of facts.
However, in full view of the Plaintiff’s cause of claim and other circumstances revealed in the pleadings, D is subject to the Plaintiff’s confirmation in the instant lawsuit for confirmation.