1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Plaintiff’s assertion

The Plaintiff was born between C and B, and the same person, or due to a lack of family conditions, and was in her parent and her family name in E’s house and her family name. When the Plaintiff’s school age became the Plaintiff’s mother, the Plaintiff acquired the current status by making the report of birth by making the Plaintiff’s mother F.

Then, the Plaintiff was rendered judgment against F to confirm the existence of paternity.

The plaintiff seeks confirmation that the plaintiff is the same person as B so that he/she can live as a real status B in the family relations register, etc.

The Defendant’s lawsuit of this case prior to the judgment on the legitimacy of the lawsuit of this case is merely seeking confirmation of facts, and thus, is unlawful as there is no benefit of confirmation.

Judgment

The benefit of confirmation in a lawsuit for confirmation is recognized in cases where there is a dispute between the parties as to the legal relationship subject to confirmation, and accordingly, it is recognized as the most effective and appropriate means to determine the Plaintiff’s legal status as the confirmation judgment to eliminate the anxiety risk when the Plaintiff’s legal status is at risk (see, e.g., Supreme Court Decision 2017Da216271, Jul. 11, 2017). As to the instant case, health class and the Plaintiff sought confirmation as the same person, the Plaintiff and B are seeking confirmation of the same person, not merely seeking confirmation of the factual relations, and thus

On the other hand, if the double family relation register was prepared by double birth report as alleged by the plaintiff, the family relation register prepared by legitimate birth report should be maintained and the family relation register prepared by mistake should be closed.

If the father or the mother who is the report of birth of the principal of the case is different from each other, the family relation register by the report of birth of the true father or mother is legitimate, so the family relation register by the report of birth of the person who is not the true father or mother.