[입양의무효][미간행]
[1] The effect of an adoption report made by pretending that the adoption was made only formally on the actual requirements of adoption and on the family register (negative)
[2] The case holding that an adoption made by making a provisional adoption report as if the adoption was adopted temporarily until the adoption was made into another person's family register without an intention to adopt the adoption as a truth, falls under a case where there is no agreement between the parties, and thus null and void
[1] Article 83 subparagraph 1 of the Civil Code / [2] Article 883 subparagraph 1 of the Civil Code
[1] Supreme Court Decision 94Meu1553, 1560 delivered on September 29, 1995 (Gong1995Ha, 3625) Supreme Court Decision 9Meu163, 1640 delivered on June 9, 200 (Gong200Ha, 1654)
Plaintiff (Attorney Park Jae-sik, Counsel for the plaintiff-appellant)
Defendant
Principal of the case
Daegu District Court Decision 2003Reu215 Delivered on September 16, 2003
The appeal is dismissed. The costs of appeal are assessed against the defendant.
1. In order to ensure that the actual requirements of adoption are satisfied, there is an agreement on adoption, a person under the age of 15 must be a legal representative's abortion, and an adopted child shall not be a person whose adoptive parent's existence or extension shall not be the grounds for invalidation of adoption under each subparagraph of Article 883 of the Civil Act. "When there is no agreement on adoption between the parties" as the grounds for invalidation of adoption under Article 883 subparagraph 1 of the Civil Act refers to the case where the parties do not have an intention to actually form an adoptive parent's living relationship as the adoptive parent. Thus, if the report on adoption was made only formally on the family register, and if there was no agreement between the parties to actually form an adoptive parent's living relationship, it shall be deemed null and void as it falls under the case where there is no agreement between the parties (see, e.g., Supreme Court Decisions 94Meu153, 1560, Sept. 29, 195; 9Meu30, Jun. 30, 2000).
2. After compiling the adopted evidence, the court below found facts as stated in its decision, and found the plaintiff's refusal to move the principal's family register to the plaintiff's family register, and the non-party 1 unilaterally notified the plaintiff that "if the plaintiff wants to adopt the principal's family register to the non-party 2, it would be easy to close the agreement later and move the principal's family register to the plaintiff's family register to the non-party 2's parents, and then prepare and submit an adoption report without the plaintiff's consent. Thus, the adoption of this case is null and void in that the plaintiff did not consent. Even if such consent was obtained, it is null and void in that the plaintiff consented to the adoption of the principal's family register to the cancellation condition or time schedule until the plaintiff's family register is transferred to the plaintiff's family register, and the non-party 3 and the defendant did not err in the misapprehension of legal principles as to the adoption of the principal's family register to the non-party 2's former adoption without the intention to adopt the principal's family register to the plaintiff's family register.
3. Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Yoon Jae-chul (Presiding Justice)