1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On November 30, 1998, the Plaintiff reported a marriage with C on November 30, 1998, and provided three children (2000, 2003, 2005) under the chain.

B. C filed a lawsuit against the Plaintiff, including a divorce, with the Seoul Family Court 2007ddan104853, and the Plaintiff filed a counterclaim against C, including a divorce, with the Seoul Family Court 2008ddan1128.

C. On May 23, 2008, during the proceeding of the above lawsuit, C and the Plaintiff were divorced, designate the Plaintiff as the person with parental authority and the career of their children, and C were to pay the Plaintiff a monthly amount of KRW 700,000 per child to the Plaintiff as child support, and the relationship between C and the Plaintiff was resolved.

On September 2, 2015, the Plaintiff filed an order with the Seoul Family Court 2015 businessz. 473 to pay the unpaid child support to the Plaintiff on the ground of the unpaid child support of C.

In addition, the Plaintiff filed an application for detention with the Seoul Family Court 2016 Madd58 on the ground that C does not pay child support despite the above implementation order.

E. Meanwhile, the Defendant raised a child on January 20, 208 between C and C.

On February 18, 2008, the defendant recognized the surname and origin of the child as the defendant's surname at the time of reporting the birth of the child.

F. C reported a marriage with the Defendant on December 16, 2013, and on the 23th of the same month, upon recognition of a child born between the Defendant and the child, the child’s surname and origin were changed to C’s surname and origin.

[Reasons for Recognition] Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) The Plaintiff was issued with C’s family relation certificate, resident registration abstract, etc. through the court’s order of correction at the time of the above application for detention. The Plaintiff became aware of the fact that the Plaintiff’s child produced between C and the Defendant was recorded in C’s family relation certificate on January 2, 2008.

At that time, a claim, such as divorce, was pending between the plaintiff and C, and the child is born from the birth date of the child.