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(영문) 서울중앙지방법원 2017.04.26 2016가단5208528
기타(금전)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff was born between father E and mother F in the Dayangyangyang-gun of the Cirri date.

B. On April 1954, the deceased G (the deceased on October 15, 2015, hereinafter “the deceased”) received a request from the female on the part of the deceased, who became aware of the plaintiff at the time of operating the street store in the Jongno-gu Seoul Metropolitan Government Geumcheon School market, and accepted such request, and thereafter, the Plaintiff’s name is “I”, and the father took care of the plaintiff on the H date, and the deceased entered the deceased as his father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s husband’s father’s father’s father’s husband’s father’s father. Accordingly, the Plaintiff was registered as his father’s father’s father’

C. However, around 1974, the deceased filed a petition with Seoul Family Court for a trial on confirmation of existence of paternity with the deceased as the respondent. On May 24, 1974, the above court rendered a judgment on the confirmation of existence of paternity between the deceased and the plaintiff in the above case. The above judgment became final and conclusive on June 25, 1974, and the plaintiff was removed from the deceased's family register on March 28, 1975.

On the other hand, on June 17, 1955, the Plaintiff’s parents completed the report of birth against the Plaintiff in the name of “A”. The Plaintiff, around 1976, married with J and I in the name of “I,” but upon cancellation of the “I”’s family register due to the confirmation of confirmation of paternity and existence of paternity, the Plaintiff completed the report of marriage on the basis of the family register that became the head of Australia, E, who is a biological father, around August 17, 1976.

2. Determination

A. Even if the Plaintiff’s assertion is not the natural father of the deceased, the deceased’s intent to adopt with his consent from his natural parents, and the Plaintiff’s report of birth as his natural father, and continue to meet the substantial requirements for adoption, such as the Plaintiff’s living relationship with the Plaintiff until the Plaintiff becomes an adult. As such, there is no ground for invalidation of adoption, the Plaintiff’s status as the adopted child.

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