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(영문) 광주지방법원 2017.08.29 2016가단25060
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant were married with the Defendant, and C is a child born on a DNA date between the Plaintiff and the Defendant.

B. On July 19, 2002, the plaintiff and the defendant consulted with C as the plaintiff, and accordingly, on July 20, 2002, the plaintiff was registered as the person with parental authority.

C. On April 2014, the Defendant filed an application with the Gwangju Family Court for the replacement of a person with parental authority to the Defendant on the ground that “the Plaintiff is unable to properly protect and supervise C, etc. by abusing C.” under Article 2014Hun-Ma80, the Defendant filed an application for replacement of a person with parental authority to the Defendant. The above court accepted the Defendant’s application on May 20, 2014 and rendered a decision that “the designation of the Defendant as C’s person with parental authority,” and the Plaintiff appealed against the above decision and filed a complaint with the Gwangju Family Court No. 2014B35, Dec. 8, 2014. The Gwangju Family Court dismissed the Plaintiff’s appeal on December 8, 2014, and re-appealed by Supreme Court Decision 2014S241, but the Supreme Court dismissed the Plaintiff’s reappeal on March 13, 2015, and the above decision became final and conclusive on March 16, 2015.

On April 3, 2015, as the above decision to change the person with parental authority became final and conclusive, the defendant reported the change of the person with parental authority C to the defendant, and the public official who was in charge of the family relation registration affairs in the Gwangjin-si was registered as the defendant on the basic certificate C around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The plaintiff's assertion that the defendant conspireds with the public official in charge of changing the person with parental authority to the defendant on the basic certificate of C, and committed an illegal act to change the person with parental authority illegally before the decision of the Supreme Court on changing the person with parental authority becomes final and conclusive. Accordingly, since the plaintiff's family is destroyed and the father's family is cut down, the defendant's compensation for damages amounting to 50 million won and its result.

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