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(영문) 대법원 1970. 3. 10. 선고 70므1 판결
[친자관계부존재확인][집18(1)민,237]
Main Issues

A lawsuit for confirmation of non-existence of parent-child relationship is a necessary co-litigation which must be confirmed jointly among the parents and those who are living together with the co-defendants.

Summary of Judgment

A lawsuit for confirmation of non-existence of parent-child relationship is a necessary co-litigation which must be confirmed jointly among the parents and those who are living together with the co-defendants.

[Reference Provisions]

Article 63 of the Civil Procedure Act, Article 2 of the Family Trial Act

Appellant, appellant

Claimant

Respondent-Appellee

appellees

Judgment of the lower court

Red support in the first instance court, Seoul High Court Decision 69Reu16 delivered on December 16, 1969

Text

The appeal is dismissed.

Costs of appeal shall be borne by the appellant.

Reasons

We examine the grounds of appeal by the claimant's attorney.

As the judgment of the court below is lawful, the plaintiff's action for confirmation of the non-existence of the parent-child relationship is a common defendant who is a surviving parent and a person who is jointly and severally determined among them, and the judgment of the court is clear that the defendant's birth and the non-party 1, who is the mother on the family register, is still still alive, but the claimant only against the above defendant, and the defendant's action against the above defendant seeking confirmation that he is not born between the non-party 2 and the above non-party 1 on the family register is dismissed. Thus, the above non-party 1 was removed from the permission (A) by a divorce with the deceased non-party 2's birth, the non-party 1 was not a co-defendant on the ground that the above non-party 1 was not a co-defendant on the ground that the above non-party 1 was not a co-defendant on the ground that it was not necessary to become a co-defendant in the main lawsuit, and thus, it cannot be accepted. It is so decided as per Disposition by the assent with all participating Justices.

Justices of the Supreme Court (Presiding Judge) Ma-dong (Presiding Judge) and Ma-dong B-Jed Han-gu

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