1. The instant lawsuit shall be dismissed.

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

On March 15, 2006, B, who is a national of the People's Republic of China, was a national of the People's Republic of Korea, and was residing in Korea, and reported the birth between B and C on November 11, 201.

However, the Plaintiff was born between B and D, a man of the People’s Republic of China’s nationality, and the Plaintiff filed a lawsuit seeking confirmation of absence of parental relation against the said C, and was rendered a favorable judgment on June 17, 2016.

On the premise that the Plaintiff’s birth report was made with C’s children on November 11, 201, and was a disposition to acquire the nationality of the Republic of Korea on the premise that there was a disposition to acquire the nationality of the Republic of Korea as of November 11, 201, the Plaintiff alleged that the disposition to acquire the nationality of the Republic of Korea was null and void as a matter of course

As to this, the defendant did not take any administrative disposition against the plaintiff, and as long as the action for confirmation of absence of parental relation becomes final and conclusive, and the basic certificate and the family relation certificate are closed, the plaintiff has lost his/her nationality and thus, has no interest in confirmation.

The defendant's defense prior to the merits is examined.

Article 2(1)1 of the Nationality Act provides that “A person whose father or mother at the time of birth is a national of the Republic of Korea shall acquire the nationality of the Republic of Korea at the time of birth.” Thus, a person meeting the above requirements must naturally acquire the nationality of the Republic of Korea and not obtain the nationality of the Republic of Korea, but a separate administrative disposition is not required.

In addition, the defendant did not take a disposition that the plaintiff acquires Korean nationality as of November 11, 201.

Therefore, the instant lawsuit, which is premised on the administrative agency’s disposition, is unlawful.

In addition, the defendant is not a national of the Republic of Korea because the plaintiff is not a national of the Republic of Korea.