logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 1970. 9. 22.자 70마450 결정
[호적정정허가신청각하결정에대한재항고][집18(3)민,037]
Main Issues

The case where it is recognized that the entire family register cannot be cancelled unless it is based on a final judgment.

Summary of Judgment

The applicant filed a report of birth with respect to the head of the third male and female Byung who was married with the head of Gap and completed a marriage report, and the above family register was lost due to the June 25, the above applicant Eul filed a report of birth with respect to the head of the third male and female Byung who was born the above family register, and the above Eul filed a report of birth again with the head of the family register to the head of the family, and the head of the living together with the head of the family (the family register is also recorded on the family register as the head of the family) was the same as the head of the family and formed the above family register with the permission of entry from the court, but in the above family register, the above family register correction application to cancel the family register compiled with the head of the family register shall be dismissed as it might have a serious impact on the status relationship

[Reference Provisions]

Article 120 of the Family Register Act, Article 121 of the Family Register Act

Re-appellant

Re-appellant

United States of America

Daejeon District Court Decision 70Ra36 delivered on June 11, 1970

Text

The reappeal is dismissed.

Reasons

As to the grounds of re-appeal:

The purport of the application for the correction of the family register is to delete the register of the family register which is compiled by the non-applicant of the head of the family and the non-applicant of the non-applicant of the non-applicant of the non-applicant of the family register. The reason is that the applicant is married and reported the marriage to the non-applicant of the non-applicant of the family register and the non-applicant of the non-applicant of the non-appellant of the non-applicant of the family register was returned to the family register of the plaintiff of the non-applicant of the non-applicant of the family register, and the family register of the plaintiff was returned to the non-applicant of the non-applicant of the non-applicant of the non-appellant of the non-applicant of the non-applicant of the family register of the non-resident of the non-applicant of the above family register of the non-applicant of the non-applicant of the non-applicant of the family register of the non-resident of the non-resident of the non-applicant of the family register of the non-resident of the non-applicant of the plaintiff.

Therefore, the court below's decision is just in determining that the whole family register can not be cancelled without the final judgment because there is a case which has a significant impact on the family relation in the case of this case, and the husband of the applicant is the wife of the non-applicant 6, or the non-applicant 4, despite being the non-applicant 2, and although the non-applicant 2 was the wife of the non-applicant 2, the non-applicant 2's wife is the wife of the non-applicant 2, it cannot be naturally included in Articles 120 and 121 of the Family Register Act, and there is no error of law by misunderstanding the legal principles such as the theory of lawsuit in the original decision.

Therefore, it is so decided as per Disposition with the assent of all participating judges.

The judges of the Supreme Court (Presiding Judge)

arrow
참조조문
본문참조조문
기타문서