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(영문) 인천지방법원 2015.04.02 2014가합9577
사망사실 확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The plaintiff's assertion

A. The Plaintiff’s birth-friendly B (C, hereinafter “the deceased”) was born between the Plaintiff’s father D and the mother E on June 27, 1971.

B. On October 27, 2006, the Deceased received a false resident registration certificate under the name of F, upon receiving a sex conversion surgery, and lived again under the name of F, and around October 19, 2012.

C. During the period from June 19, 2013 to June 20, 2013, the Deceased died from the housing located in Yongsan-gu Seoul Metropolitan Government to the carbon poisoning, and the report of the F’s death was accepted from the competent authorities.

After that, each of the above fingerprints was confirmed to be the same fingerprints as a result of comparison with the original fingerprint affixed on each resident registration certificate of the deceased, F, and B.

E. While the Plaintiff sought a competent authority to report the deceased’s death, the Plaintiff failed to receive the death report on the ground that the resident registration number of the deceased and F is inconsistent.

Therefore, the plaintiff needs to clarify the inheritance relationship and correct the family relation register by reporting the death of the deceased to the competent authority after receiving a judgment confirming the death of the deceased. Therefore, the lawsuit of this case is a benefit of confirmation.

2. Determination on the legality of the instant lawsuit

A. In the lawsuit of confirmation, the subject of confirmation is the current rights or legal relations, and simple confirmation of facts is deemed to have no interest in confirmation.

(see, e.g., Supreme Court Decisions 2012Da17585, Aug. 23, 2013; 92Da23872, Dec. 8, 1992; etc.). However, even based on the Plaintiff’s assertion itself, the Plaintiff’s factual relations pertaining to the death of the deceased, and the mere fact that the death of the deceased may affect the legal relationship due to inheritance cannot be deemed as matters relating to rights or legal relations.

B. Also, the plaintiff's right and law are the legal action for confirmation.

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