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(영문) 서울중앙지방법원 2017.11.30 2017가합33433
동일인확인 청구의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The facts and legal relations asserted by the Plaintiff as the cause of the instant claim are as follows.

The plaintiff was born between CD (Death on March 3, 2009) and E, and reported the birth of "B" between D and E.

Since then, around October 198, E went through the Plaintiff and started contact with D while continuing to contact with D, and the Plaintiff was born as her relatives F and G couple. The Plaintiff was a natural father of HF and G around the time of entering elementary school.

In addition, the plaintiff has been living as "A" thereafter.

B. The Plaintiff was registered in the family relations register as the natural father between D and E under the name of “B,” while the Plaintiff was registered in the family relations register as the natural father between F and G under the name of “A.”

Therefore, even from this point of view, the Plaintiff had the intent to adjust the register of removed copies and family relations in “A” to live in “B,” which is the original name, and filed a lawsuit against F and G with the Incheon District Court Decision 2017ddan3871, and received a favorable judgment on May 31, 2017, and closed the family relation register of “A” based on the above final judgment.

C. However, even through the claim for confirmation of existence of the above parental relation relation, the Plaintiff’s “B” and “A” did not officially verify the same person. Accordingly, even if the family relation register of “B” exists considerably, the Plaintiff was placed in an unstable situation where the Plaintiff could not prove that B was the same.

In addition, even if the Plaintiff is able to live in the name of “A” and “B” after being recognized as the same person by means other than a lawsuit, the Plaintiff’s records of the curriculum graduated from a university in the name of “A” are the Plaintiff unless it is confirmed through the judgment, etc. that “B” and “A” are the same person.

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