Claimant

Principal of the case

Incheon District Court Decision 2008Radan112 dated July 8, 2008

1. The appellant's appeal is dismissed;

2. Costs of appeal shall be borne by the claimant;

It shall be permitted to change the nature of the principal of the case into "fixedness" and the principal of the case to "fixedness".

1. Basic facts

According to the records of this case, the following facts are recognized.

A. Although the claimant and the non-party 1 were married to have the principal of the case with the non-party 2 (the date of birth and the date of birth) as his child, the non-party 2 was divorced, and the principal of the case was brought up by the claimant respectively.

B. On April 10, 201, while bringing up the principal of the case, the claimant has remarriedd with Nonparty 3 on April 10, 2001, and the petitioner, Nonparty 3, and the principal of the case have resided together with the applicant, Nonparty 3, and Nonparty 3 adopted the principal of the case on February 3, 2003.

C. The principal of the case and Nonparty 1 did not have any particular exchange, but Nonparty 1 expressed the intention of opposing the change of the principal’s performance.

2. Determination

A. Article 781(6) of the Civil Act provides that “If it is necessary to change a person’s performance and origin for a child’s welfare, it may be changed upon the request of the court at the request of the father, mother or child, it may be changed.” The above provision provides that only “child’s welfare” shall be considered as a requirement for change of the substance and origin of the performance. Considering the welfare of the person who is the criteria for permission, various elements such as protection of father-child relationship, intensity of mother-and-child relationship, identity of a child’s family as a member of one family, child’s intention, age and maturity, family situation, and need for change of the substance and origin of the child shall be considered together

B. Therefore, in the case of this case, there are circumstances in which the principal of this case was not exchanged with the non-party 1 who is the father of this case, and the non-party 3 adopted the principal of this case after the claimant remarriedd with the non-party 3 who is the father of this case. However, the non-party 1 strongly opposed to the change of the principal of this case's performance and currently lives with the non-party 1, and the non-party 2 maintained the principal of this case's performance. The principal of this case is "the principal of this case" after he became an adult, and has formed a living relationship with the principal of this case, and there is no need to change the principal's performance and origin; the relation between the principal of this case and the non-party 2; and the present or the principal of this case's life together with the non-party 3, etc., it is not necessarily necessary to change the principal's performance and origin for the welfare of the principal of this case.

3. Conclusion

If so, the claimant's claim shall be dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and it is so decided as per Disposition as the claimant's appeal is dismissed.

Judges Lee Jae-in (Presiding Judge)