The judgment below

Among the parts against the plaintiffs (appointed parties) and the designated parties, this part of the case is reversed.

The grounds of appeal are examined.

1. The main text of Article 860 of the Civil Act provides that "a recognition shall take effect retroactively from the time of birth of the child," while the proviso restricts the retroactive effect of recognition by stating that "no right acquired by a third person shall be prejudiced," and Article 1014 of the Civil Act provides that "where a person who becomes a co-inheritors by recognition after the commencement of the inheritance or by the confirmation of the judgment after the commencement of the inheritance files a claim for the division of inherited property, the other co-inheritors has the right to claim the payment of the equivalent value to the inherited portion if the co-inheritors

However, the parent-child relationship between a child born out of wedlock and a child born out of wedlock is naturally formed due to the child’s birth, not waiting for the recognition of the biological father or the birth report (see Supreme Court Decision 67Da1791, Oct. 4, 1967). It is not possible to recognize the parent-child relationship only when a judgment on the record of the family relations register or the confirmation of the existence of the parental relation

(See Supreme Court Decision 92Nu3199 delivered on July 10, 1992). Therefore, the proviso of Article 860 of the Civil Act on the limitation of retroactive effect of recognition does not apply or analogically apply to a mother-and-child relationship which does not require affiliation, and it cannot be deemed that a person, based on Article 1014 of the Civil Act that provides for a claim for payment of the value of a person who becomes co-inheritors by recognition after commencement of inheritance or by the confirmation of a judgment, does not deny the validity of division or disposition of inherited property by another co-inheritors

Although other co-inheritors already divided or disposed of the inherited property, the parent-child relationship was clearly found only after the parent-child relationship became final and conclusive, etc.

The same shall also apply to the case.

2.(a)

The judgment below

According to the reasoning, the lower court determined as follows.

The inherited property divided or disposed by co-inheritors prior to recognition is subject to the limitation of the retroactive effect of recognition provided by the proviso of Article 860 of the Civil Code.