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(영문) 부산가정법원 2016.12.21.선고 2016드단13174 판결

친생자관계존부확인

Cases

2016dden13174 Confirmation of Denial or the existence of paternity

Plaintiff

Article 00 (Lifelong in 1972)

Busan Address

Busan District Court

Defendant

1. grandchildren* (St.s. 1997)

Busan Address

Busan District Court

2. The grandchildren and △△△△ (the 1965 students).

3. New * (New Sheet 1971)

Defendant 2, 3 Kim Jong-si

Defendant 2 and 3’s place of registration Kim Sea-si

Conclusion of Pleadings

December 7, 2016

Imposition of Judgment

December 21, 2016

Text

1. Ascertainment that there is parental relation between the Plaintiff and the Defendant Damage*

2. Confirmation that there is no parental relation between Defendant Damage* and Defendant Damage * and △△△△△, New*, and*.

3. The costs of lawsuit shall be borne by each party.

Purport of claim

The order is as set forth in the text.

Reasons

1. Facts of recognition;

A. Defendant Damage* was born on September 1, 1996 and the Plaintiff’s children.

나 . 피고 손 * * 은 1996 . 9 . 19 . 유00을 부로 , 원고를 모로 하여 ' 유 * * ( 劉 * * ) ' 이라는 이름 으로 출생신고 되었다 .

C. On February 6, 1999, the agreement between 00 and the Plaintiff was married, and Defendant Damage * was designated as the person with parental authority and the custodian.

D. On August 30, 2001, the Plaintiff reported marriage with grandchildren 00, and two persons were born with grandchildren.

E. After that, in order to make the Defendant Damage***’s sex as a “kick,” the report of birth was made in the name of Defendant Damage △△△△, which is in the relationship of friendship with 00, and * Defendant Damage ** on November 15, 2001 ** Defendant Damage △, Defendant New * * on the part of Defendant Damage △△, Defendant * * * on the part of his father, and her mother * * * * * ( grandchild*).

F. Damage 00 and the Plaintiff filed a bilateral adoption report on November 14, 2003 * Defendant Damage * B.

G. The result of genetic testing between the Plaintiff and the Defendant Damage** results of the establishment of paternity, and the result of the genetic testing between the Plaintiff and the Defendant Damage* the Defendant Damage * the genetic test between the Defendant Damage △△△, new** the result of the genetic testing between the Plaintiff and the Defendant Damage *.

[Grounds for recognition] Evidence Nos. 1 through 6, the purport of the whole pleadings

2. Determination:

According to the above facts of recognition, it is evident that there is parental relation between the Plaintiff and the Defendant Damage**, and it is evident that there is no parental relation between the Plaintiff and the Defendant Damage* and the Defendant △△△△, new*, and there is no parental relation between them, and there is a benefit to seek confirmation as a source of action. Accordingly, it is so decided as per Disposition upon accepting the claim of this case.

Judges

Judges Lee Jae-chul