[친생자관계부존재확인][하집1993(2),675]
In case where the name of the father is entered in the family register, the method of correcting it;
In a case where the family register contains a name, not a parent's name, but a name is the name of the person whose name is actual, the action of confirmation of paternity may be brought to correct the entry in the family register. However, if the name entered as the parent is not dead or there is only some errors in the actual parent's name, the action of confirmation of paternity may not be brought to correct the entry in the family register in order to correct the entry in the family register, and the application of correction of the entry in the family register can only be filed with the permission of the family court in accordance with Article 120 of the Family Register Act.
Article 120 of the Family Register Act, Article 865 of the Civil Act, Article 2 of the Family Litigation Act
Supreme Court en banc Order 91S14,15,16 Dated May 2, 1993 (Gong1993, 1402)
A
B
1. The instant lawsuit shall be dismissed.
2. Litigation costs shall be borne by the plaintiff.
The defendant is confirmed to be not a person born between Nonparty C and Nonparty D.
The plaintiff is the cause of the claim of this case. The defendant originally stated that the non-party Ma and the non-party Ma F [the name of the person born during the marriage on May 10, 1929 between the non-party Ma and Seocho-gu Seoul Metropolitan Government G (the Gyeonggi-do G at the time of Gyeonggi-do G)] was J, and the family registry was destroyed due to the 6.25 incident during the marriage between the plaintiff and the plaintiff, while the plaintiff was married before the tidal wave, and the defendant's name was in the re-in the process of the re-inception, the date of birth, K, and the parent's name was in Gyeonggi-si, G, and the main domicile was in Gyeonggi-si, G, and the main domicile was in fact Kim Sea, and in order to correct the error of family registry, the defendant confirmed that the non-party Da and D were not a person born between the non-party Da and the non-party Da, and confirmed that there was no natural relationship between the defendant and the non-party Da."
Article 865 of the Civil Act provides that "A person who may bring an action pursuant to the provisions of Articles 845, 846, 848, 850, 851, 862 and 863 of the Civil Act may bring an action for confirmation of denial or existence of paternity for any reason other than those mentioned above, and in such a case, if one of the parties is deceased, an action against a prosecutor may be brought within one year from the date on which he becomes aware of the death." Articles 24 and 28 of the Family Litigation Act provides that "if one of the parties has brought an action in a lawsuit to confirmation of existence of a biological relationship, the other party shall be the other party, and if one of the parties has died, the other party shall be the other party, and in such a case, the other party shall be the other party, and if the other party actually enters in the family register other than the parent's name or the parent's name or father's name or father's name under the Family Court Act and the other party can be entered in the family register for correction or existence.
Therefore, since the lawsuit of this case is an improper lawsuit that does not meet the requirements of lawsuit, it is decided to dismiss it as per Disposition.
Judges fixed-ranking