(영문) 부산지방법원 2009. 5. 8.자 2009브20 결정[등록부정정결정에대한즉시항고][미간행]
Applicant
Busan District Court Order 2009Noma140 dated February 24, 2009
The appeal of this case is dismissed.
The decision of the first instance court shall be revoked. Among the family relation register of permanent residence (number omitted) in Busan Jung-gu, Busan-dong, the cancellation of all the entries in the column of marriage of the applicant in the family relation register of the applicant for the case shall be permitted on December 1, 2003 [the date of report] Nonparty [the date of birth of the spouse] [the date of birth of the spouse] on May 3, 1955 [the spouse's nationality].
1. Facts of recognition;
According to the records, the applicant filed a marriage report with the non-party on December 1, 2003, but on April 19, 2006, it was recognized that the above judgment became final and conclusive on September 22, 2006 on September 22, 2006 on the criminal facts of which the applicant filed a false marriage report with the court No. 2005No3685 on April 19, 206.
2. Determination
The court's permission under Article 104 of the Family Relationship Registration, etc. Act provides that the correction of a register shall be limited to cases where the matters to be corrected are insignificant, and where the matters to be corrected have a serious effect on the family law or inheritance law, a simple procedure for correction of a register shall not be followed, and shall be allowed only by a final judgment (see Supreme Court Order 96Ma623, Feb. 7, 1998, etc.). Whether the matters to be corrected have a serious effect on the family law or inheritance law, the issue of whether the matters to be corrected have a significant effect on the family relation in relation to the matters to be corrected shall be based on whether the method of direct litigation is stipulated in Article 2 of the Family Litigation Act, and the matters to be tried as a family litigation case under the above Article are deemed to have a significant impact on the family law or inheritance law, and as to such matters, an application for correction of a register shall be made only by a final judgment under Article 107 of the Family Relationship Registration, etc. Act and Article 105 of the Family Litigation Act, etc.
However, as in the instant case, since there is no marital relationship between the applicant and the spouse, the application to correct the register has a significant impact on the relative law or the inheritance law. Thus, if there exists any ground for nullity of marriage, the applicant may correct the register by filing a litigation for nullity of marriage as stipulated in Article 2 of the Family Litigation Act and receiving a decision as to whether the marriage is null and void. As in the instant case, the applicant may not correct the register by using the procedure for correcting the register.
Therefore, the applicant's application is without merit.
3. Conclusion
Therefore, the decision of the first instance court is legitimate, and the appeal by the applicant is dismissed as it is without merit. It is so decided as per Disposition.
Judges Cho Sung-sung (Presiding Judge)