동일인확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion
A. The Plaintiff was born between F G and net H (hereinafter “the deceased”).
On December 15, 1962, the deceased divorced from G without reporting the birth of the plaintiff, and reported the marriage with the deceased I on December 15, 1962.
The deceased and the deceased I reported the plaintiff to C born between them.
B. Since then, the deceased and the deceased I were divorced on June 18, 1970, and on September 23, 1970, the deceased returned the Plaintiff to F, who was born on September 23, 1970.
C. In such circumstances, the Plaintiff’s family relation register and B’s family relation register are double exist. However, in order to close the Plaintiff’s family relation register on the ground that they are double family relation register, the Plaintiff and deceased I need to obtain a judgment that there is no parental relation between the Plaintiff and the Plaintiff. If the Plaintiff files a lawsuit to confirm the existence of parental relation in a situation where it is unclear that they are the same person, it is highly likely to be dismissed on the ground that there is no benefit of the lawsuit
Even if there is no parental relation between the plaintiff and the deceased I, it is judged that there is no parental relation.
Even if the judgment that B and the Plaintiff are the same person is written only for the reasons of the judgment, and it does not appear in the text of the judgment, it is unclear whether the above judgment alone can close the above double family relation register.
Therefore, there is a legal interest in seeking confirmation of the family relation register between B and B, or between B and the plaintiff's family relation register.
2. Judgment on the main defense of this case
A. In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation shall be recognized only when it is the most effective means for the defendant to obtain a judgment of confirmation in order to eliminate anxietys, risks, and risks in rights or legal status.