father's presumption of father's father's child

Cases where the person who was born during marriage may not be presumed to be the person of the father;

Article 844 of the Civil Act

Claimant

appellees

Seoul Family Court (86div4285) of the first instance court

The original adjudication shall be revoked.

It is confirmed that there is no parental relation between the claimant and the respondent.

All the costs of lawsuit shall be borne by the appellees in the first and second instances.

The same shall apply to the order.

According to Gap evidence Nos. 1 (No. 1) and 2 (resident registration record card) without dispute over the establishment, the claimant and one other (the plaintiff on May 25, 1950) reported marriage on December 13, 1974, and one other (the plaintiff on May 25, 195) are married. The non-claim 1 gives birth to the respondent on September 14, 1982, which is married with the claimant and are registered in the claimant's family register as the claimant's natural father. The claimant and the above non-claim 1 are married with consultation on July 24, 1985. On the other hand, the claimant's evidence No. 3 (Medical Certificate), Gap evidence No. 4 (Insurance Medical Certificate), Gap evidence No. 5 (Insurance Medical Certificate), Gap evidence No. 6 (Family Family Survey Certificate) of the court below, and the purport of testimony and pleading of the plaintiff's child welfare as the plaintiff's natural father's child welfare 197 et al. is omitted.

According to the above facts of recognition, although the respondent is a person who was born during the marriage between the claimant and the non-claim 1, the respondent cannot be presumed as the natural father of the claimant.

Therefore, since the absence of parental relation between the claimant and the respondent is clear, the claim of the claimant seeking confirmation is to be accepted with reasonable grounds (the grounds that it is presumed as the claimant). The appeal of the claimant is unfair, and the appeal of the claimant is revoked with reasonable grounds, and the claim of the claimant is accepted. It is so decided as per Disposition with the burden of the respondent who has lost all the first and second trials.

Judges Yoon Sang-sung (Presiding Judge) (Presiding Judge)