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(영문) 서울고등법원 2017.02.02 2016나2064402
부모자 관계 단절 청구
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. The Plaintiff’s assertion and the appointed party C are the Defendant’s parents (hereinafter “Plaintiffs”) and the Defendant’s relationship with the Defendant, which are the Plaintiff’s parents (hereinafter “Plaintiffs”) and the son, and maintaining the relationship between the Defendant and the parent, is only a result of suffering to the Plaintiffs. As such, based on the personal rights guaranteed under the Constitution and the freedom of privacy, etc., based on the instant lawsuit, the relationship between the Defendant and the parent is retroactively cut back at the time of the Defendant’s birth, and the Defendant’s assertion of any rights and obligations is prohibited even after the death of the Plaintiffs.

2. In full view of each of the statements in Gap's evidence Nos. 1 through 15, 23 through 25, 31, and Eul evidence Nos. 1 through 19, the conflict between the plaintiffs and the defendant has occurred due to the plaintiffs' objection to marriage on May 2010, and around January 201, 269,95,058 won for the maturity dividends of the insurance contract for which the plaintiffs subscribed to and paid the insurance premium under the name of the defendant was received by the defendant and the defendant did not have the right to receive the above maturity dividends to the defendant, which the plaintiffs and the defendant filed a civil lawsuit against the defendant, and the relation becomes worse after the plaintiffs and the defendant filed a criminal lawsuit against the defendant, while the defendant filed a criminal complaint against the plaintiffs and the defendant filed a lawsuit against the plaintiff, and the plaintiff's claim against the defendant for damages, and the dispute between the plaintiffs and the defendant, including the ordinary parent relationship, has been acknowledged to the extent that it is difficult to recover the dispute between the plaintiffs and the defendant.

However, to seek the division of the relationship between the plaintiffs who are parents and the defendant who are children retroactively at the time of birth of the defendant, it is a kind of formation aimed at forming a change in existing legal relations.

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