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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The network B (hereinafter “the network”) is a person born between E and the mother-friendly F, referred to as “the network” July 25, 1955.
The Deceased died on August 1956, and at the time E and F did not report the death of the Deceased.
B. A, the plaintiff, is a person born between E and mother F, which is referred to D date, and is the birth of the deceased.
At the time, E and F did not report the birth of the plaintiff, and accordingly, the plaintiff used the status of the deceased, who is the words, as his status and lived.
C. On April 12, 1980, the Plaintiff married with G, and under his/her name, H and I were born, but the Act on the Registration, etc. of Family Relation Registers prepared in the name of the deceased, not “the name of the Plaintiff,” was enacted and enforced on January 1, 2008. As such, the family register was removed from the family register under the previous Family Register Act, and a separate family register was prepared for each individual.
G, H, and I were registered as a spouse.
In addition, the plaintiff was issued a driver's license with "the name of the deceased," and the registration of ownership transfer with respect to the land J in Kimcheon-si was completed.
According to the results of genetic tests requested by the Plaintiff to K on March 20, 2018, the parent-child relationship between the Plaintiff, H, and I is about 9.9%.
E. H and I filed a lawsuit against the public prosecutor of the Daegu District Public Prosecutor’s Office Kimcheon Branch Office against the Plaintiff and the Daegu District Public Prosecutor’s Office seeking confirmation of existence of paternity support with the Daegu Family Court. On June 14, 2018, the said court rendered a judgment that “The existence of paternity exists between H, I and the Plaintiff, and that there is no parental relation between H, I and the deceased,” (Seoul Family Court Branch of Kimcheon 2018Ddan1057), and the said judgment became final and conclusive on July 24, 2018.
F. Meanwhile, pursuant to Article 44-2(1) of the Act on the Registration, etc. of Family Relationship on November 2, 2018, the Daegu Family Court Kimcheon-si L on the date D.