Cases where the kinship under Article 752 of the Civil Code is denied;

Unless there are special circumstances, such as that the non-party woman, who was in a relationship with the plaintiff, was born by the excessive attitude with the other male, brought up the child, and registered as the child on the family register, and entered the child as the adopted child, it cannot be said that there exists a legal relationship or a de facto relationship under Article 752 of the Civil Code.

Article 752 of the Civil Act

Supreme Court Decision 62Da72 delivered on April 26, 1962 (Daad 7040 delivered on April 10, 1962; Supreme Court Decision 10Du226 delivered on October 10, 200; Supreme Court Decision 752(2)546 delivered on May 12, 1970 (Supreme Court Decision 89Da2136 delivered on May 12, 1970) (Daad 8938 delivered on April 8, 200; Supreme Court Decision 752(21)548 delivered on April 26,

Plaintiff 1 and one other

(o) Passenger Transport Corporation

Busan District Court Msan Branch Court (68Ga29)

The part against the defendant in the original judgment shall be revoked.

All appeals and claims by the plaintiff et al. are dismissed.

The costs of lawsuit are assessed against all plaintiffs through the first and second trials.

The part against the plaintiff, etc. in the original judgment shall be modified as follows:

The defendant shall pay 300,000 won to the plaintiff, etc. with the amount of 5% per annum from January 23, 1968 to the full payment day.

Litigation costs shall be borne by the defendant.

A provisional execution may be effected only under the above one.

The part against the defendant in the original judgment shall be revoked.

All claims of the plaintiff et al. are dismissed.

All litigation costs shall be borne by the plaintiff, etc. through the first and second trials.

First of all, it is recognized that the plaintiff et al. puts on the letter of withdrawal of the lawsuit of this case in full view of the whole purport of the party's argument as a result of the plaintiff's testimony of the non-party 1 and the non-party 1's testimony in the trial as to the plaintiff et al.'s request for the fixed date designation of the representative of the defendant et al., but it is recognized that the plaintiff et al. puts on the letter of withdrawal of the lawsuit of this case, but it is not deemed that the plaintiff et al.'s principal action of

On October 24, 1967: (a) around 17:00, the bus belonging to the defendant company was carrying passengers, and passed ahead of the house of the non-party 2 located in the Dongpo-gu Mapo-si Mapo-si, the victim's non-party 3 (the non-party 5 years old) was concealed due to cerebrovassis, etc.; and (b) the non-party 1, who was in an internal relationship with the plaintiff 1, was born to the plaintiff's home, and was raising consolation money on the plaintiff's family register without any dispute between the parties; (c) the plaintiff et al. claimed that the non-party 3 did not suffer from mental harm due to the death of the non-party 3; and (d) the plaintiff et al.'s claim for consolation money under the Civil Procedure Act should be dismissed as the non-party 2's non-party 3, who was not the plaintiff's child-child relationship with the plaintiff 1, and thus, the plaintiff's claim for consolation money under the Civil Procedure Act should be dismissed.

Judges Saples (Presiding Judge)