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(영문) 부산가정법원 2019.4.26.자 2018브22 결정

등록부정정

Cases

2018BB2 Correction of Register

Applicant and the principal of the case and the appellant

A

The first instance decision

Busan Family Court Order 2018Na798 dated October 10, 2018

Imposition of Judgment

April 26, 2019

Text

1. Revocation of the decision of the first instance.

2. The date of birth of the applicant and the principal of the case from among the family relations register of the applicant and the principal of the case where the place of registration is Busan: "B shall be permitted to correct the place of registration on September 19, 1959".

Purport of request and purport of appeal

The order is as set forth in the text.

Reasons

1. The applicant and the principal of the case

The applicant and the principal of the case (hereinafter referred to as the "applicant") claim that they were born on May 30, 1961, the date of birth on the family relations register, which was in fact on August 17, 1959, and that they were born on August 17, 1959, and sought permission for the correction of the date of birth from among the family relations register.

2. Determination

According to the records of this case, the following circumstances are recognized.

A. The applicant is born between his father, ○○ and △△△△△△△, and is written on May 30, 1961 on the family relations register.

B. The applicant’s date of birth is indicated on May 30, 1958, as the Central Closing Franchisium among the △ Franchisium to which the applicant belongs.

C. The applicant was admitted to an elementary school on March 2, 1966. However, if the applicant was born on May 30, 1961, the applicant was actually admitted to a school on May 30, 1961, the applicant was over two years of age, who is the age of attending a national school, as prescribed in Article 96 of the former Education Act (amended by Act No. 1890, Feb. 28, 1967).

D. On January 16, 1975, the applicant graduated from a middle school, completed a 12-month vocational training course under the former Act on Special Measures for the Vocational Training (repealed by Act No. 2973, Dec. 31, 1976) and was employed and worked in the ▽▽▽△△△△△△ on October 13, 1976. In fact, if the applicant was employed on May 30, 1961, the applicant started vocational training at the age of 14 years after the graduation from a middle school and became an example.

E. ○○, an applicant’s private village, entered a school on April 20, 1961 on the family relations register (the date of birth in the Dong-dong, Dong-dong, the applicant was born in the same Dong-dong as the applicant), together with the applicant on March 2, 1966. The Plaintiff filed an application for correction of a register seeking correction of the date of birth (No. 2018, No. 209), and on September 14, 2018, the date of birth in the instant case was corrected from April 20, 1961 to April 20, 1959.

F. On August 17, 198, the first day after marriage, the applicant asserted that he did not commemorate the birth day separately, because he was deceased by the head of the Gu, and the head of the applicant actually died on October 5, 1990 (the date of birth August 17, 199). The date of birth of the applicant is indicated as August 17, 1959 in the religious organization that was newly registered as the applicant.

In addition to the above circumstances, the applicant was born in Gyeong-dong, a rural area, and the applicant was born on August 17, 1959 at the time of birth, and the birth was allowed if the applicant was not reported on the date of birth due to an accurate problem such as the high infant death rate. The applicant claimed that May 30, the family relation register and the family relation register were born on August 17, 199, not on the date of satisfaction compensation, but on August 17, 1995, the applicant appears to have no motive to make a false assertion. However, considering the fact that the applicant was born on May 30, 1961, the applicant reversed the presumption that the family relation register was born on August 17, 1959, and that the applicant was born on August 17, 1959, and that the applicant was born on August 19, 195.

Therefore, the applicant's application for permission for correction of the family relation register is reasonable and the decision of the first instance court is unfair, so the decision of the first instance is accepted by the applicant's appeal and the decision of the first instance court is revoked and the applicant's application is accepted.

Judges

Judges Park Jae-won

Judges Lee E-young

Judges Na Jae-young

심급 사건
-부산가정법원 2018.10.10.자 2018호기798
참조조문