Article 123 of the Family Register Act shall be amended to correct the family register.

Article 123 of the Family Register Act refers to a correction of a family register according to a final and conclusive judgment or a final and conclusive judgment on the grounds that the correction of a family register has an important effect on the family law or inheritance law, and the judgment (trial) which is the premise of the correction of a family register refers not to a direct correction of a family register, but to a final and conclusive judgment (trial) as a evidence method to clarify the correction of a family register.

Article 123 of the Family Register Act

Plaintiff

Defendant

Seoul High Court Decision 73Na1163 delivered on October 4, 1973

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

The plaintiff's grounds of appeal are examined.

The court below rejected the lawsuit in this case on the ground that the correction of the family register pursuant to Article 123 of the Family Register Act means the correction of the family register on the ground that the correction of the family register has an important influence on the relative law or the inheritance law, and the judgment (trial) which is the premise of the correction of the family register is not a direct correction of the family register, but a final and conclusive judgment (trial) which is the basis of the correction of the family register is a method of evidence to clarify the correction of the family register, so the correction of the family register does not constitute the subject of the above judgment is unlawful. The judgment of the court below is justifiable. Accordingly, the judgment of the court below is justified because the plaintiff's correction of the family register does not fall under the subject of the above judgment, regardless of whether the interested party to the correction of the family register is the defendant's assertion or whether the plaintiff is the legitimate person, or there is no other grounds for appeal as to the judgment on the merits on the premise that the lawsuit is legitimate.

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

Justices Seo-gu et al. (Presiding Justice)