동일인확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Determination on the legitimacy of a lawsuit
A. The gist of the Plaintiff’s assertion was that: (a) the same person as C and D-friendly B, or his parents and children are lost by taking care of his or her parents; and (b) the person called E obtained the current status as the wind to mislead himself or herself as his or her ancillary.
The plaintiff was married with F as the current status and was born by two children, but he was aware of the fact that he was B, and was tried to report the marriage again to B after being judged null and void between F and F, but was not confirmed as the same person.
Since then, the plaintiff was judged to confirm the existence of parental relation against E and the existence of parental relation against D, but at present, the plaintiff was not issued a resident registration certificate under B on the ground that it cannot be confirmed that the plaintiff is the same person as the plaintiff.
Therefore, the plaintiff is seeking confirmation that both the plaintiff and B are the same person so that they can live as real status B in the future resident registration number and family relation register.
B. 1) Determination 1) In a lawsuit seeking confirmation of the relevant legal doctrine, there should be a benefit of confirmation as a requirement for the protection of rights. The benefit of confirmation is acknowledged in cases where there is a dispute between the parties as to the relevant legal relationship, and thereby, the obtaining of a judgment of confirmation is the most effective and appropriate means to eliminate the Plaintiff’s anxiety and risk (see, e.g., Supreme Court Decision 2009Da93299, Feb. 25, 2010). 2) The instant claim seeking confirmation of the subject of confirmation is seeking confirmation of the Plaintiff and B as the same person.
3. Where the lawsuit in this case is an effective and appropriate means to eliminate the plaintiff's right or legal status unstable or dangerous, and where the plaintiff's assertion conforms to objective truth, the decision of denial or existence of paternity has already been rendered by the court.