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(영문) 서울가법 1987. 7. 28.자 87드3881 제3부심판 : 확정
[사실상장남자확인청구사건][하집1987(3),664]
Main Issues

In fact, whether a petition for a trial is filed to confirm South and North Korea

Summary of Judgment

(a) For the purpose of having a person registered five South on the family register register be incorporated into supplemental service as a two-readers, seeking confirmation of the de facto south of the deceased’s parents’ parents does not seek confirmation of any specific rights or legal relations between the deceased and the deceased, thereby making the benefit of the claim.

B. The provision of Article 865(2) of the Civil Act that a trial request against a prosecutor shall be permitted only if there are special provisions in law, and that a trial request against a prosecutor may be filed against a prosecutor according to the claim against confirmation of denial or existence of paternity, cannot be applied mutatis mutandis to the case where the respondent dies.

[Reference Provisions]

Article 865(2) of the Civil Act, Article 228 of the Civil Procedure Act

Plaintiff

Plaintiff

Defendant

Seoul District Prosecutors' Office

Text

The request of the claimant shall be dismissed.

Trial costs shall be borne by the claimant.

Purport of claim

The claimant confirms that the claimant is a person born between the deceased and the deceased and the two other than the deceased.

The adjudication on the cost of trial shall be borne by the respondent.

Reasons

The claimant asserted. The claimant was born to and resided in the Republic of Korea between the non-party 1 and the mother, the father, and the non-party 2, the mother, at the time of the Korean War, at the time of the Korean War, and filed a report on the establishment of a permanent domicile, and then registered at the family register prepared on the basis of the report as the permanent domicile of the deceased as five South and North Korea between the above deceased. The claimant was registered at the family register established on the basis of the above report as the permanent domicile of the claimant, and the non-party 3, the head of the claimant, the second son, the second son of the above claim and the second son, the second son of the above claim, could be subject to a disposition to be exempted from the actual domicile in the draft physical, but the above error in the family register might result in the failure to undergo such disposition. Thus, the above request for a trial of this case was filed to correct the erroneous entry in the family register.

Therefore, the claim for confirmation is permitted only when there is a specific legal interest in the immediate confirmation of the existence of a right or a legal relation. Thus, even if the claimant is a male born between the claimant and the non-party 1 and the non-party 2, such fact alone does not necessarily have any specific legal relationship between the claimant and the deceased, so the claim for adjudication of this case seeking confirmation of the existence of a specific legal relationship arising from the cause does not lack the benefit of the claim, aside from seeking confirmation of a specific legal relationship, and even if the plaintiff's claim brings about a result of a favorable disposition in the draft physical examination because the existence of such status is confirmed as the claimant's claim, it is obvious that the person to whom the benefit is attributed is not the claimant, but the plaintiff's claim is an illegal claim lacking the benefit of the claim.

In addition, although the claimant filed a request for adjudication against the prosecutor in this case, the request for adjudication against the original prosecutor belongs to the same example, and the permission of such claim is allowed by law. Therefore, in this case without any express provision as to this, the claimant cannot seek confirmation of the same status as this case against the prosecutor, and in addition, the claimant's claim in this case does not seek confirmation of the existence of parental relation between the claimant and the above deceased, but seeks confirmation of the order of birth between the children under the premise that such status exists, the claim in this case is separate from the claim for confirmation of the existence of parental relation. Thus, Article 865 (2) of the Civil Act that Article 865 (2) of the Civil Act that Article 865 (1) of the Civil Act that provides that where the person who is to be the respondent dies, the claimant may request confirmation of the existence of parental relation against the prosecutor within one

If so, the claimant's claim of this case shall be deemed to be a single claim or an illegal claim, so it shall be dismissed, and the trial costs shall be judged as ordered at the expense of the claimant.

The number of judges' demotions (Presiding Judge) and the number of judges' readings;

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