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(영문) 서울가정법원 2007. 3. 16. 선고 2006드단14380 판결
인지
Cases

2006dwards 14380

Plaintiff

○ ○○ People's Republic of China

Defendant

Seoul Central District Prosecutors' Office

Conclusion of Pleadings

February 9, 2007

Imposition of Judgment

March 16, 2007

Text

1. The Plaintiff is recognized as the natural father of the non-party Party A.

2. The costs of lawsuit shall be borne by the National Treasury;

Purport of claim

The same shall apply to the order.

Reasons

1. Applicable law;

The Civil Code of the Republic of Korea shall apply in accordance with the latter part of Article 41(3) of the Private International Act, as the governing law of this case, where the plaintiff of the nationality of the People's Republic of China (hereinafter referred to as "China") claims recognition as the natural father of the non-party A who

2. Facts of recognition;

The following facts may be acknowledged in full view of the purport of the entire pleadings or videos of Gap evidence 1, 2, 4, 6, and 14 (including each number):

A. On 1939, the Plaintiff was born between Non-Party A and his mother Non-Party B on 1939.

B. At the time of June 22, 1970, “A” created a new family register with the permission of the head of the Seoul District Court for the establishment of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch.

C. Meanwhile, in around 1950, the Plaintiff and Eul were hedgingd with Gap during the Korean War and were living in North Korea. However, around 1961, the Plaintiff came to have the Chinese nationality acquired and resided in China.

D. Around 1996, the Plaintiff sent a letter indicating the history of finding Party A on the program searching for the separated families of the Korea Broadcasting System (KBS) Social Education Broadcasting Station (KBS). On 196, the Plaintiff sent Party A’s fourth degree of notification to Party A on 196, which was introduced to the radio broadcast of △△△△, on 1996.

E. After hearing the re-broadcasting of the above broadcast, Party A visited the broadcasting station to confirm the Plaintiff’s letter by visiting the broadcasting station, exchanged letters and photographs with the Plaintiff in China over several times, and sought to find the Plaintiff as China at around △△, around 1996, and around △△, around 2003, around 1996, and around △△△ and around △△, around 2003. Thereafter, Party A planned to exchange letters with the Plaintiff and invite the Plaintiff to the Republic of Korea by January 204.

F. During that period, Gap died on February 2004, and the plaintiff was aware of the death of Gap on March 2005 after entering the Republic of Korea around March 2005.

G. Meanwhile, around September 2005, the Plaintiff prepared a letter of fidelity Guarantee needed to stay in the Republic of Korea and stated that it is a three degree of relationship with the Plaintiff and the Plaintiff.

H. The Plaintiff filed the instant lawsuit on November 16, 2005.

2. Determination

According to the above facts of recognition, the plaintiff is the deceased's father. Thus, the plaintiff's claim for recognition of this case is justified and it is so decided as per Disposition.

Judges Lee Hun-young

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