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(영문) 수원지방법원성남지원 2016.06.15 2015가합206573

종원지위확인청구의 소

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1. All of the plaintiffs' claims against the primary defendant are dismissed.

2. Preliminary Defendant is ancillary to the Plaintiffs.

Reasons

1. Basic facts

A. The Defendants are the small group of the I-Class I in FC C, FC C, G’s 25-year-old damage H, and the primary Defendant (hereinafter “Defendant D”) consists of the descendants of H, who are the descendants of H, and the conjunctive Defendant (hereinafter “Defendant E”) consists of the descendants of H, who are the descendants of H.

B. Plaintiff A is L's children, and Plaintiff C and B are children of Plaintiff C and B.

C. The Plaintiff’s father L’s father’s husband’s book is not written in the adoption, and L is written as the descendants of “J” and the children of “N”, but L is written as the FC’s book (which was published in 1992; hereinafter “instant family register”) No. 2, which is not the latter descendants of “J” but the latter descendants of “K,” and it is written as L is also written as the two parts of each FC family register published in 1958 and 1979.

[Ground of recognition] Gap evidence Nos. 1, 2, Eul evidence No. 1-1, 2, Eul evidence No. 3, part of Gap evidence No. 6, each fact inquiry result against P headquarters of this court, the purport of the whole pleadings

2. Determination as to the claim against Defendant D

A. The Plaintiffs’ assertion that the presumption power of a certified copy is superior to the presumption power of the instant supplementary report is superior to that of the Plaintiffs’ assertion.

Even if the presumption ability of the family clan of this case is recognized, it cannot be deemed that the facts that the adopted child was committed before July 1, 1923, and even the family clan amended in 2014, the plaintiffs' first aid L was registered as the descendants of "J", and as long as the adoption is not indicated in L's expulsion, L is deemed to be the descendants of "J", and therefore, the plaintiffs who are children or grandchildren of L are the family clan members of defendant D.

B. Determination 1: (a) if it is indicated in the family table that “A” was sent to the ex post facto adoption of “B” as his father’s guardian, “A” is presumed to have lawfully transmitted according to the custom at the time, unless there are other special circumstances; and (b) there are several subsequent generations, and “A” is merely a few households.