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(영문) (변경)대법원 1987. 5. 8.자 86스29,30,31 결정

[호적정정][공1987.9.15.(808),1391]

Main Issues

The scope of the correction of the family register by the application procedure

Summary of Decision

A correction of a family register by the procedure of filing an application for correction of a family register shall be limited to cases where the matters to be corrected are insignificant in light of the simple procedures, and where the matters to be corrected have a serious effect on the family law or inheritance law, such as the birth, death, marriage and removal from the register due to marriage, the father's permanent domicile, etc

[Reference Provisions]

Article 120, Article 123 of the Family Register Act

Reference Cases

Supreme Court Order 80S44 Dated November 26, 1981 80S4 Dated December 14, 1982 81S19 Dated May 6, 1987 87S1 Dated July 10, 1987 (dong) Order 87S9 Dated July 10, 1987

Re-Appellant and Principal of case

A

Principal of the case

net B et al.

The order of the court below

Gwangju District Court Order 86BB8,9,10 dated September 24, 1986

Text

The reappeal is dismissed.

Reasons

The grounds of reappeal are examined.

The correction of the family register by the procedure of the application for the correction of the family register is limited to cases where the matters to be corrected are minor in light of the simple procedure, and where the matters to be corrected have a serious impact on the family law or inheritance law, such as the birth, death, marriage and expulsion from the register of marriage, the parent-child relationship and the permanent domicile of the mother, the correction of the family register cannot be made unless it is determined by the final judgment (see, e.g., Supreme Court Order 81S19, Nov. 26, 1981; Supreme Court Order 80SS44, Nov. 26, 1981).

Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Yoon Yoon-hee (Presiding Justice)

심급 사건
-광주지방법원 1986.9.24자 86브8
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