2018Ddan200521 Confirmation of the existence of paternity

A

1. B

2. Sick:

3. Prosecutors of Busan District Prosecutors' Offices;

June 7, 2018

June 21, 2018

1. The plaintiff's lawsuit against the prosecutor of Busan Busan District Prosecutors' Office shall be dismissed.

2. Ascertainment that there is parental relation between the Plaintiff, Defendant B, and C.

3. Ascertainment that there is no parental relation between Defendant B and Defendant B, and between 00 and her maximum network.

4. Of the costs of lawsuit, the part arising between the Plaintiff and Defendant B, and Byung shall be borne by each party, and the part arising between the Plaintiff and Defendant Busan District Prosecutors' Office shall be borne by the Plaintiff.

Order Nos. 2, 3

1. Determination as to whether the plaintiff's lawsuit against the prosecutor of Busan Busan District Prosecutors' Office is legitimate

In a lawsuit seeking confirmation of existence or absence of a natural father-child relationship where a third party files a lawsuit, one of the parties to the lawsuit shall be the other party who is alive if the party to the lawsuit dies, and if both parties to the lawsuit have died, the prosecutor shall be the other party (Articles 28, 24(2), and 24(3) of the Family Litigation Act). The Plaintiff seeks confirmation of absence of a natural father-child relationship between 00 and the Defendants in this case. The Plaintiff is seeking confirmation of the absence of a natural father-child relationship between her father-child relationship and her father-child relationship, and only her only f0 million death as one of the parties to the lawsuit seeking confirmation of absence of a natural father-child relationship, and the Defendants are alive as the other party to the lawsuit. Thus, the prosecutor of the Busan District Prosecutors’ Office does not have standing

2. Determination as to the Plaintiff’s claim against Defendant B and Byung

A. Facts of recognition

The net maximum 00 was registered as the mother of Defendant B and C on the family relations register, but the results of genetic tests that the parent-child relationship between the Plaintiff, Defendant B, and C have been established.

[Ground of recognition] Each entry of Gap evidence 1 to 6 (including each number), and the purport of the whole pleading

B. Determination.

According to the above facts of recognition, there is no natural relationship between Defendant B, and Defendant B and Defendant B, and it is evident that there is a natural relationship between the Plaintiff, Defendant B, and Byung. Since the Plaintiff has a benefit to seek confirmation, the Plaintiff’s claim in this case has merit.

3. Conclusion

Thus, the plaintiff's lawsuit against the prosecutor of Busan District Prosecutors' Office is dismissed as illegal, and the plaintiff's claim against the defendant Eul and Byung is accepted as reasonable.

Judges Cho Sung-sung