[손해배상][집18(2)민,008]
Even if a person who is not a natural father is registered and brought up as a child in another person's family register, he/she has no relationship of lineal ascendant or descendant or relationship with the above other person.
Even if a person who is not a natural father is registered and brought up as a child in another person's family register, he/she has no relationship of lineal ascendant or descendant or relationship with the above other person.
Article 752 of the Civil Act
Plaintiff 1 and one other
(o) Passenger Transport Corporation
Masan Support in the first instance, Daegu High Court Decision 68Na462 delivered on November 11, 1969
The appeal is dismissed.
The costs of appeal are assessed against the plaintiffs.
The plaintiffs' grounds of appeal are examined.
According to the facts established by the original judgment, it cannot be said that the non-party 1 was in a parent-child relationship or legal relationship between the non-party 1 and the plaintiffs, since the non-party 2, who is in a relationship with the plaintiff 1, was born at the home of plaintiff 1, and was registered and brought up on the register of the plaintiffs' friendly children. Accordingly, the court below's decision that the plaintiffs' claim for damages against the defendant on the ground of Article 752 of the Civil Code in this case cannot be adopted without a just ground.
Therefore, the appeal is dismissed without merit. It is so decided as per Disposition by the assent of all participating judges by applying Articles 95, 93, and 89 of the Civil Procedure Act to the burden of litigation costs for the appeal.
The judge of the Supreme Court of the Republic of Korea (Presiding Judge) Mag-Jak Kim Jong-young Kim Young-ho