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(영문) 서울고등법원 2017.05.11 2016나2081889

동일인확인청구

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The plaintiff's assertion is based on the following facts. The plaintiff's assertion is based on the following facts.

The plaintiff was born between CD (Death of April 9, 1972) and E, and the birth report was made between D and E.

On November 1, 1985, E resumed with F on November 1, 1985, and on December 22, 1986, the Plaintiff reported the birth of E and F as “A” and lived as “A.”

E and F died on June 13, 2014.

At present, pursuant to the former Act on the Registration, etc. of Family Relationship (amended by Act No. 8541, Jul. 23, 2007; hereinafter “former Family Relationship Act”), both the Plaintiff’s name and B’s family register were removed, and only the Plaintiff’s family register was prepared.

As above, the Plaintiff and B are the same person.

However, if the plaintiff is not confirmed as the same person as the plaintiff B, the plaintiff cannot be objectively recognized that the records of the curriculum in the name of B were the plaintiff, and the documents relating to the curriculum in the name B cannot be perused or issued, and the third person cannot be issued with a certified copy of the title B, and thus, the plaintiff is subject to administrative sanctions, such as additional tax, because the inheritance registration procedure for the deceased E cannot be implemented.

On the other hand, when the plaintiff and the plaintiff are confirmed to be the same person, legal interested parties such as the parties of the school who attended the name of B and the successors of E can no longer dispute as to the same person between the plaintiff and the plaintiff. As a result, the plaintiff can peruse or obtain the relevant documents in the name of B, and implement the inheritance registration procedure for the deceased E, the dispute itself in relation to legal relations is resolved or at least is helpful for the settlement

B. Although the Plaintiff wishes to simplify the current expulsion from the register under B and the family relation register under the Plaintiff’s name as the Plaintiff’s name, the procedures for correcting the family relation register.