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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion was born between CD (Death of April 9, 1972) and E, and the birth report was made between D and E.
On November 1, 1985, E resumed with F on November 1, 1985, and on December 22, 1986, the Plaintiff reported the birth of E and F as “A” and lived as “A.”
E and F died on June 13, 2014.
However, the Plaintiff cannot peruse or obtain documents related to the previous elementary school and middle school attendance certificates, etc. in the name of B due to the lack of confirmation that the Plaintiff is the same person as B, and there is a legal interest in obtaining judgment confirming that the Plaintiff is the same person as B, as well as in making registration of inheritance even after inheritance commenced due to the death of E.
2. In a lawsuit for confirmation of the legitimacy of the instant lawsuit, there should be a benefit of confirmation as a requirement for the protection of rights. The benefit of confirmation is acknowledged in cases where there is a dispute between the parties as to the legal relationship subject to the instant lawsuit, and thereby, the obtaining of a judgment of confirmation is the most effective and appropriate means to eliminate such apprehension and risk (see, e.g., Supreme Court Decision 2009Da93299, Feb. 25, 2010). First, with respect to the subject of confirmation sought confirmation by the Plaintiff, health unit and the instant claim are seeking confirmation as the same person, and this is unlawful as it seeks confirmation of facts.
Furthermore, whether the instant lawsuit is an effective and appropriate means to eliminate the Plaintiff’s right or legal status instability or risk, and if the Plaintiff was the same as B and the same person as the Plaintiff claimed, the family relation register was doublely prepared.
In such cases, the plaintiff shall obtain permission from the family court having jurisdiction over the plaintiff's basic domicile pursuant to Article 104 (1) of the Family Relationship Registration Act.