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1. Revocation of a judgment of the first instance;
2. The plaintiff's lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 28, 1985, the deceased F and D (former names: E) reported marriage on May 28, 1985, and the father and wife were born under C, and on July 1, 1986, F was registered in the F’s family register as the birth father and the family head as the “B” and entered in the F’s family register as the resident registration number.
B. As the F died on June 8, 198, the family relation register concerning B was prepared on January 1, 2008 as the existing family relation system was abolished and the Act on the Registration, etc. of Family Relationship was enforced.
C. On the other hand, after D had re-born with H on March 13, 1990, the Plaintiff registered as H's child upon the report of birth on July 15, 1992, on the resident registration card as H's child, but was registered on the resident registration card as H's resident registration card, but was not registered on the resident registration card or the family relation register was not prepared
[Reasons for Recognition] No dispute exists, Gap evidence Nos. 3, 4, 5, 6, 7, and 10, fact inquiry results by the court of first instance, the purport of the whole pleadings
2. Determination on this safety defense
A. As to the plaintiff's claim and the defendant's defense that the plaintiff is the same as B and the purport of the claim, the defendant asserts that the lawsuit in this case is unlawful as there is no benefit of confirmation.
B. (1) The judgment is based on the following facts: (a) the Plaintiff is the same person as B; (b) the aforementioned evidence may be acknowledged by adding up the descriptions of the evidence Nos. 1 and 2 as well as the overall purport of the pleadings; (c) the Plaintiff is presumed to have a blood relationship between the Plaintiff and the Plaintiff as a result of genetic testing of the Plaintiff and F, K and D, and the Plaintiff’s probability is more than 9.99%; (d) the Plaintiff’s probability is more than 9.9%; (e) the Plaintiff is confirmed to be the same person as the Plaintiff; and (iii) the Plaintiff is only registered as B in the F’s removed register; and (e) the fact that the Plaintiff is the same person as B.
(2) there is a benefit of confirmation.