Whether a lawsuit of demurrer against recognition of a judicial affiliation (negative)

In the case of a judicial recognition, it should be disputed as a lawsuit for a retrial on the trial, and as a lawsuit for an objection against the recognition, the effect of the above recognition judgment shall not be contested.

Article 862 of the Civil Act

Claimant 1 and 3 others

appellees

Daegu High Court Decision 80Reu73 delivered on November 18, 1980

The appeal is dismissed.

The costs of appeal shall be assessed against the appellant.

We examine the grounds of appeal by the claimant.

According to the records, the respondent filed a lawsuit demanding recognition with the Daegu District Court to recognize the non-party 1 as the non-party 2 of the deceased non-party 1, and received a favorable trial on November 29, 1978 and the judgment became final and conclusive. Thus, the claimant's objection against the above recognition judgment pursuant to Article 862 of the Civil Code on the ground that the above recognition judgment is contrary to the truth, and the cancellation of the recognition judgment is sought by the claimant, but in the case of the recognition of a trial, the validity of the final judgment pursuant to Articles 35 and 32 of the Personnel Litigation Act on the ground that it is against the truth, it is not possible to dispute the validity of the above recognition judgment as a lawsuit for a retrial.

Ultimately, the court below's decision that held the same purport is just, and there is no error in the misapprehension of legal principles as to the nature of a lawsuit of demurrer against affiliation as in the theory of lawsuit, and therefore, the appeal is dismissed. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Lee Sung-soo (Presiding Justice)