logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.02.12 2014가합572210
당사자동일 확인의 소
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 was born F between D (Death on August 22, 201, hereinafter “the deceased”) and E, but the name of Girs was “B” as “the birth report between the deceased and H, his wife.”

B. The plaintiff of I was a natural father between E and his husband as "A" and the report of birth had been filed, and the plaintiff has lived only as "A (K)".

C. The inheritance was commenced due to the death of a deceased person, and the plaintiff is the same as the deceased person B and can eliminate anxietys in the legal relationship due to inheritance.

In addition, the plaintiff has been living as A, and it is necessary to maintain the family relation register prepared by the previous report of birth after closing the family relation register prepared by the previous report of birth after obtaining confirmation of intention to establish the adoptive parent relationship. Thus, the lawsuit of this case has interest in confirmation.

2. In the lawsuit for confirmation of the legality of the lawsuit in this case, the subject of confirmation must be the current rights or legal relations, and mere fact-finding does not have any interest in confirmation (see, e.g., Supreme Court Decisions 2012Da17585, Aug. 23, 2013; 92Da23872, Dec. 8, 1992). The subject of confirmation by the Plaintiff is the same person as the Plaintiff and B, and the mere fact that whether the Plaintiff and B are the same person may affect the legal relationship due to inheritance does not constitute a matter of rights or legal relations.

In addition, a lawsuit for confirmation is allowed when the plaintiff's right or legal status is in danger, and the lawsuit for confirmation is one of the most effective and appropriate means to resolve the dispute. Therefore, Supreme Court Decision 201.6.26.

arrow