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Main Issues
Whether an adoption report may be deemed to have been made if it was reported as a father of a child who is considered to be a child (negative)
Summary of Judgment
In addition, even if the non-party, who is the child of a person in a relationship with him/her, reports himself/herself as his/her natural father's father's mother to the family register of a person in a relationship with him/her, this cannot be interpreted as a report on adoption made by the deceased as the adopted child.
[Reference Provisions]
Article 83 of the Civil Act
Reference Cases
Supreme Court Decision 77Da492 delivered on July 26, 1977
Plaintiff-Appellant
Plaintiff
Defendant-Appellee
Kim Tae-san
Judgment of the lower court
Seoul High Court Decision 84Na1407 decided July 26, 1984
Text
The appeal is dismissed.
The costs of appeal shall be borne by the plaintiff.
Reasons
The grounds of appeal are examined.
The gist of the grounds of appeal is that the judgment of the court below committed an unlawful act that affected the judgment by interpreting contrary to the Supreme Court Decision 77Da492 delivered on July 26, 197. However, it is reasonable to interpret the adoption as effective even if the birth report of the natural parent instead of the adoption report was made in the case where the party has an obvious intent to create a adoptive relationship between the parties and the other requirements for the establishment of adoption. Accordingly, according to the decision of the court below, the deceased non-party 1 (son) was decided by the court below as of May 17, 1969 as of May 17, 1969, when the plaintiff was married to the deceased non-party 2's family register, who was in a marital relationship with the deceased as of May 26, 197, and the deceased non-party 1 was the deceased non-party 1 upon reporting the birth to the deceased non-party 2's natural father, and thus, the plaintiff cannot be interpreted differently from the above decision of adoption.
Therefore, the appeal is dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Lee Chang-chul (Presiding Justice)