(b) Whether the report of birth of the natural father as an adoption has an interest in verification of the natural father's existence or existence;

B. If, in such a case as above, if the entry of the family register as the father of a child who is not consistent with the truth becomes effective in disclosing the adoptive relationship, the claim for confirmation of existence of the paternity, which is to deny the existence of the legal parent-child relationship by cancelling the entry of the family register itself, barring special circumstances, such as the need to resolve the adoptive relationship due to the dissolution of the adoptive relationship,

According to the reasoning of the judgment below, the court below determined that the non-party 1, who was the claimant's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father's father.

However, in a case where a natural parent-child relationship is formed due to an intention of adoption, the claim for the confirmation of existence of the natural parent-child relationship may not be allowed unless there are special circumstances, such as the need to resolve the natural parent-child relationship due to the dissolution of the adoptive relationship. This is because, in a case where the existence of the natural parent-child relationship between a specific person is unclear, if there is a family register entry of the natural parent-child relationship that is not consistent with the truth in general, it is necessary to clarify the status of the parent-child relationship by cancelling the entry in the family register, and thus, there is a legal interest to seek the confirmation of existence of the father-child relationship. However, if the parties are to establish a natural parent-child relationship and meet the substantive requirements of adoption, the adoption relationship becomes effective even if it is somewhat erroneous in the form of adoption, and the claim for the confirmation of existence of the natural parent-child relationship is equally equivalent to the child-child relationship, except for the cases where the adoptive parent-child relationship can be terminated by the dissolution of the adoptive parent-child relationship.

Therefore, in this case where the deceased non-party 1 reported the birth of the respondent as his natural father with his intention of adoption, he should have examined whether the adoptive parent relationship has been formed between them, and examined the legitimacy of the claim for confirmation of existence of parental relation of this case. However, the court below accepted the claim of this case by the claimant without any deliberation and determination as to the above facts in different opinions, and the court below did not err in the misapprehension of legal principles as to the interest of confirmation in the action for confirmation of existence of parental relation, which affected the conclusion of the judgment, and there is a ground for appeal pointing this out.

Therefore, the judgment of the court below is reversed, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jong-sik (Presiding Justice)