Restrictions on stamp Lawsuit and Disposition Rights Principle

A recognition lawsuit is a lawsuit aimed at confirming the existence of de facto parent-child relationship between a father and a child and at establishing a legal parent-child relationship, and it is an important matter related to the relatives and persons who have a serious influence on the inheritance law and public interest. Therefore, in this lawsuit, the principle of disposition by the parties is limited and ex officio is adopted. Therefore, if the evidence of the parties is insufficient, an ex officio investigation and necessary evidence should be conducted.

Article 187 of the Civil Procedure Act, Article 863 of the Civil Act

Claimant

Prosecutor of Daegu District Prosecutors' Office

The supplementary intervenors, et al., Counsel for the defendant-appellant and three supplementary intervenors

Daegu High Court Decision 83Reu139 delivered on January 15, 1985

The judgment below is reversed, and the case is remanded to the Daegu High Court.

Each ground of appeal by the supplementary intervenor and his/her attorney is examined together.

The court below acknowledged that the claimant was a person born between the claimant 1 and the non-claim 2 based on the evidence at that time, and accepted the claimant's request for recognition as to the non-claim 2.

However, since the original purpose of stamp litigation is to determine the existence of de facto parent-child relationship between the father and the child and to create the legal parent-child relationship, it is the fundamental relationship of the human body which has a significant effect on the inheritance law and is related to the public interest. Therefore, in this lawsuit, it is necessary to investigate facts and examine necessary evidence ex officio when the evidence of the party is insufficient.

Examining the evidence admitted by the court below according to the records, as long as it is acknowledged that the non-party 1 did not have any sexual bargaining between the above claimant and non-party 2 during the period acknowledged as the claimant's refusal, it shall be presumed that the claimant was born as the result of the sexual intercourse. However, among the evidence admitted by the court below, the evidence stated that the claimant is not the plaintiff's non-party 7-2, and the evidence No. 7-25, and the above evidence No. 7-2, the above non-party 1 was born by other male than the above claim No. 2 until the commencement of the lawsuit in this case, and the court below should not reject the judgment of the court below and found that the non-party 1 was not the plaintiff's own evidence No. 1 (the evidence No. 7-14, No. 22, and No. 7-15, No. 24 and the above evidence No. 13-2, the court below should have confirmed the above non-party 1's own credibility and the above evidence No.

Therefore, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Jong-sik (Presiding Justice)