Main Issues
An indirect fact necessary to recognize the parent-child relationship where the result of pro-child assessment is unclear.
Summary of Judgment
Even though the result of the examination of the child-friendly relationship was found to be the result of the illegality of the parent-child relationship (the result of the examination of the child-child relationship positive result), if the respondent refuses re-examination for the respondent and the respondent's family for accurate assessment, the respondent refused re-examination during the period of birth, and the mother of the claimant has established a sex relationship with the respondent during the period of birth, and the majority of the parties have not been certified during the period of birth, and the respondent has made a speech and behavior as the
[Reference Provisions]
Article 863 of the Civil Act
Cheong-gu person
○ Korea Exchange
appellees
Han-gu
Text
The claimant is aware that he is the person of the respondent.
Expenses of adjudication shall be borne by an appellee.
Purport of claim
The same shall apply to the order.
Reasons
According to the results of the examination of the defendant's statement No. 1, No. 2 (I.D.) and the defendant's statement No. 4, No. 5 (I.D.) that could have been recognized as true by testimony of the defendant, and the defendant's statement that the defendant's statement of the above No. 4, No. 5 (I.D.) could not be established, and that the defendant's statement of the non-party No. 4, No. 1, an appraiser's statement of the non-party No. 1, and the investigation report No. 2, an investigator's statement of the non-party No. 3 that the defendant's statement of the non-party No. 1, and that the defendant's statement of the non-party No. 1, No. 3, the defendant's statement that the defendant's statement of the non-party No. 1, and that the defendant's statement of the non-party No. 3 had been made within the extent of 1964, and that the defendant's statement of the non-party No.
At the time when the defendant was pregnant by the defendant, the defendant argued that there was a ties between the defendant and the other male except the defendant, but there is no evidence to acknowledge it.
Thus, during the period of pregnancy of the claimant, the non-party 3 continued to have a relationship with the respondent, and it is not recognized that there has been a relationship with the male and female other than the respondent, and even according to the result of the pro-Japanese appraisal, it is difficult to conclude that the claimant is not the friendly of the respondent even if the claimant was the friendly of the defendant. In addition, considering these facts, the respondent's words and actions should be considered as the friendly of the defendant. In light of these facts, the claimant can be recognized as the friendly of the defendant, and the appeal in this case is accepted as reasonable, and the trial costs shall be judged as ordered
Administrative patent judges, Cho Jong-do (Presiding Judge)