logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.11.20 2018가합563610
동일인확인의 소
Text

1. It is confirmed that B (C) and the Plaintiff are the same person.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Facts of recognition;

A. On May 28, 1985, D, the Plaintiff’s mother, gave birth to C during the marriage period by reporting the marriage with F on May 28, 1985, and the Plaintiff’s denial F, upon reporting the birth of the Plaintiff on July 1, 1986, granted “G” the resident registration number under the name of “B”, and a certified copy and a family relation register of B.

B. The F died on June 8, 1988, and D was born with H on March 13, 1990.

C. On July 15, 1992, D reported the date of birth to A under the name of “A”, which is a child of D and H, as the child of D and H, and the resident registration number J was granted to A.

However, a certified copy and a family relation register of the name A were not prepared separately.

The plaintiff was issued with the resident registration certificate in the name of A, completed the curriculum, conducted financial transactions, and conducted various legal acts while carrying out all the lives such as marriageing.

[Reasons for Recognition] Facts without dispute, Gap's statements and images, and the purport of the whole pleadings, as well as the whole, of Gap's evidence Nos. 1 through 10, 15, 19, 20

2. The assertion and judgment

A. According to the above facts of recognition, it is reasonable to view that the plaintiff was the first report of birth on July 1, 1986 to "B (G)" and the false report of birth on July 15, 1992 to "A (J)", and that the plaintiff and B are the same person.

B. Meanwhile, the defendant argues that the lawsuit of this case against the defendant, seeking a confirmation or correction procedure against the relevant institution that granted such rights or status as to the individual rights or status acquired by the plaintiff in the name of B, is not the most effective and appropriate means to remove the plaintiff's rights or legal status, and thus, it cannot be deemed as the most effective and appropriate means to eliminate the current apprehension and risk in the plaintiff's rights or legal status.

The facts of the above recognition are the whole of the arguments.

arrow