If the person who was falsely recorded as the natural father of another person on the family register has the right to request recognition against the actual father (affirmative)

Even if the natural father has been falsely registered as the father of a child between others on the family register, the person may bring an action against the actual father of the child, and it is not necessary to bring an action to confirm the existence of the father of the child on the family register against the person entered as the parent on the family register before seeking the affiliation.

Articles 855 and 865 of the Civil Act

[Defendant-Appellee] Plaintiff 1 et al.

appellees

Seoul High Court Decision 79t134 delivered on November 3, 1980

The appeal is dismissed.

The costs of appeal shall be borne by the appellee.

The grounds of appeal by the respondent are examined.

With respect to No. 1:

Even if a person is falsely registered as the father of a child between others on the family register, he may file a lawsuit against the father-child and the father-child, and cannot be said to have filed a lawsuit against the person recorded as the father-child on the family register before seeking the affiliation. The judgment of the court below, which is the same purport, is just, and there is no illegality in the theory of lawsuit.

On the second ground for appeal

According to the records, it is clear that the claimant is seeking the recognition of this case by filing an application for correction of the purport of the claim on January 17, 1980, and therefore, it is not reasonable to discuss this issue.

With respect to the third point:

According to the reasoning of the judgment below, the court below recognized the fact that the appellant was born between the respondent and the person other than the claimant based on the evidence of the present time, and according to the records, the judgment of the court below is just, and there is no error of incomplete deliberation or mistake of facts. The arguments are groundless.

Therefore, the appeal is dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Shin Jong-young (Presiding Justice)