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(영문) 부산지방법원 2017.09.14 2016가단357089
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Relationship between the plaintiffs and the network D

(1) Under the family relations register, the plaintiff A was born on a G date by gathering net E (the deceased on January 11, 2001) and net F (the deceased on April 21, 1989).

However, in fact, Plaintiff A was born in I at the time between the network D and the network H (Death on April 21, 1972), and the deceased H brought up Plaintiff A who was born without reporting the birth of the deceased and reported the marriage on August 9, 1957 (Death on May 9, 1997).

Plaintiff

On October 30, 1961, A reported the birth of the plaintiff A as the child of net E and net F, a white father.

d. The plaintiff B and the plaintiff C are children born between the deceased J and the deceased H.

Secondly, on December 29, 2015, Plaintiff A filed a lawsuit with the Busan Family Court to recognize that he/she is the deceased’s natural father, and to confirm the existence of the deceased HH parental relationship. On September 29, 2016, the said court rendered a judgment that “A is the deceased’s natural father, confirm that the Plaintiff is the deceased’s biological father, confirm the existence of the deceased’s parental relationship between the Plaintiff and the deceased H, and confirm that there is no parental relationship between the Plaintiff, the deceased E, and the Plaintiff and the deceased F,” and the said judgment became final and conclusive on October 21, 2016.

(b) Determination and relevant judgment of the Korean History Settlement Commission for truth reconciliation;

(1) The committee for the settlement of truth established pursuant to the Framework Act on the Settlement of Historys for Truth (hereinafter “The Commission for Settlement of History”) received an application from L, etc. to Nov. 30, 2006 for the investigation of the truth about the fact that military police officers collectively detained and killed civilians in the area of the Republic of Jeju-do, Jeju-do, for the Korean War, during the period from Dec. 1, 2005 to Nov. 30, 2006, and the investigation was commenced at the entire meeting on Apr. 25, 2006; and on Sep. 29, 2006; and on Feb. 20, 2007, the committee for settlement of truth (hereinafter “the Commission for Settlement of Historys”).

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