The meaning of “the day when he becomes aware of the death,” which is the starting point of the filing period in the action for confirmation of existence of paternity and the action for confirmation of existence of paternity (=the day when he knows the objective fact

Considering that the period of filing a suit in a litigation seeking recognition of paternity and a litigation seeking confirmation of existence of paternity (hereinafter “litigation”), it is meaningful to harmonize the interests of a person who intends to find legal stability through prompt confirmation of paternity with the benefits of a person who intends to conform to the truth of paternity. At the same time, inheritance is formed upon the death of a party, and inheritance becomes effective, and there is a concern that the legal relationship formed by inheritance would be unstable if the permission of recognition claim, etc. is granted after a long period of time, and that if the time when the party becomes aware of the existence of paternity becomes the point of time of filing a suit, it is difficult to consider the purport that the period of filing a suit becomes the starting point of the period of filing a suit, such as a claim for recognition, etc., if the party becomes aware of the existence of paternity becomes the starting point of the period of filing a suit, it is reasonable to interpret that “the day when the party becomes aware of death”, which is the starting point of the period of filing a suit, means death

Articles 864 and 865(2) of the Civil Act

Plaintiff

Prosecutor of the Daegu District Prosecutors' Office Kimcheon Branch Office

Daegu Family Court Decision 2014Reu1201 decided October 23, 2014

The appeal is dismissed. The costs of appeal are assessed against the plaintiff.

The grounds of appeal are examined.

Articles 864 and 865(2) of the Civil Act stipulate that a lawsuit may be brought against an prosecutor in cases where one of the parties concerned dies with respect to a claim for affiliation and a claim for confirmation of existence of paternity (hereinafter “action for confirmation, etc.”) and that a lawsuit shall be brought within two years from the date of becoming aware of the death.

In the litigation of recognition claim, etc., the period of filing a lawsuit is meaningful to harmonize the interests of those who intend to find legal stability through prompt confirmation of paternity with the interests of those who intend to conform to the truth of paternity. (1) At the same time, inheritance is created upon the death of the parties, and inheritance is commenced, and there is a concern that the legal relationship formed by inheritance might be unstable if the permission of recognition claim, etc. is granted after a long period of time, and (2) If the time when the party becomes aware of existence of paternity becomes aware of the existence of paternity becomes the point of time of the filing period, it is difficult to see the objective fact that the time when the interested party claims the commencement of the filing period becomes the starting point of the filing period and the intention of setting the filing period is difficult. In addition, it is reasonable to interpret that the “date when the person becomes aware of death”, which is the starting point of the filing period in the litigation of recognition claim, etc., means

Based on evidence, the court below acknowledged the facts that (1) the deceased non-party 1 died on July 13, 199; (2) the plaintiff knew that the deceased non-party 2 died on June 25, 1970; and (3) the plaintiff asserted that there was no parental relation between the deceased non-party 1 and the deceased non-party 1; and (4) the plaintiff filed a claim against the prosecutor on August 1, 2013 when two years have passed since the deceased non-party 1 became aware of the deceased non-party 1's death; and (2) determined that the action against the deceased non-party 2 was unlawful since the time limit for filing the claim against the deceased non-party 2 was expired; and (3) determined that the plaintiff's action against the deceased non-party 2 was also unlawful after the expiration of the time limit for filing the claim against the deceased non-party 2.

In light of the above legal principles and records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, it did not err by misapprehending the legal principles as to the starting point of the filing period in a lawsuit claiming affiliation, etc., which is beyond the bounds of the principle of free evaluation of evidence

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Min Il-young (Presiding Justice)