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(영문) 서울중앙지방법원 2015.04.02 2014가합584879

동일인 확인의 소

Text

1. It is confirmed that B and the Plaintiff are the same person.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Facts of recognition;

A. C (D) and his wife E (F) reported the birth of G between two children on December 29, 1971.

B. In Korea, the Plaintiff acquired U.S. nationality from the Republic of Korea to the United States, and the date of birth was reported as H at the time of acquisition of U.S. nationality.

C. On October 28, 2014, the Plaintiff filed a lawsuit seeking confirmation of existence of paternity with the Seoul Family Court Decision 2014Ddan313938, and confirmed that the parent-child relationship between the Plaintiff, C, and E was established as a result of genetic testing, and that the said court accepted this and rendered a judgment to confirm the existence of paternity relationship between the Plaintiff, C, and E on October 28, 2014.

【Reason for Recognition】 Each entry of evidence Nos. 1 through 9, and the purport of the whole pleadings

2. According to the above facts of recognition, there are differences between B and the Plaintiff’s date of birth reported as born between C and E, but it appears to be due to the actual number, etc. in the report process, and it is reasonable to view the above B and the Plaintiff as the same person.

Furthermore, in order to avoid legal disadvantage that can be received in future daily life by failing to objectively recognize that the records of regular curriculum completed under the above name or the financial account opened under the above name were the Plaintiff, it is reasonable to deem that the Plaintiff has a legal interest to obtain a judgment on confirmation of the fact that he is the same person as the above B.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.