Plaintiff (Attorney Jeon Sung-sung et al., Counsel for plaintiff-appellant)

Defendant (Attorney Park Young-chul et al., Counsel for the defendant-appellant)

December 15, 2011

Suwon District Court Decision 2011Nu317 decided July 28, 2011

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The decision of the first instance court is revoked. It is confirmed that there is no parental relation between the defendant and the deceased non-party 2.

The reasoning for the court’s explanation on the instant case is as follows, except for partial changes in the judgment of the court of first instance, and thus, it is identical to the reasoning for the judgment of the court of first instance. Therefore, it is acceptable to accept it as it is in accordance with Article 12 of the Family Litigation Act and

1. Change from No. 2 to No. 4-5 of the face No. 4 to “A. The deceased non-party 2, a female head of South Korea, maintained the marital relationship with Non-party 1, a female, from around 1965 to December 2010.”

2. Change of the third page “at least normal temperature” into “at least normal temperature” in the first page 21.

3. Change of parallels Nos. 3 through 6 from the fourth surface as follows:

In the case of a general adopted child whose former relationship is not terminated by adoption, it is inappropriate for another couple to adopt the adopted child in the situation that the adoptive relationship with the existing adoptive parent is not resolved, and therefore it is reasonable to allow the adopted child to be adopted after resolving the existing adoptive relationship due to the dissolution of adoption. However, if the spouse of the existing adoptive parent adopts the adopted child (if the spouse of the adopted child of the adopted child of the adopted child of the adopted child of the adopted child of the adopted child of the adopted child of the adopted child of the adopted child of the adopted child of the adopted child of the existing adoptive parent, the adopted child of the adopted child can be adopted without resolving the existing adoptive relationship.

In this case, the health team and the non-party 1 already adopted the defendant who was adopted by the non-party 2. However, as seen earlier, as long as the non-party 2 and the non-party 1 were in a marital relationship, the adoption of the defendant by the non-party 1 is nothing more than the adoption of the spouse. Thus, it is not necessary to resolve the adoptive relation between the non-party 2 and the defendant.

Therefore, the judgment of the first instance court is legitimate, and the plaintiff's appeal is dismissed.

Judges Lee Jae-hee (Presiding Judge)