1. The instant lawsuit shall be dismissed.

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

1. Basic facts

(a) Category B (C) is a national of the Republic of Korea for men, and Category D (E) is a national of the People's Republic of China for men;

B. B and D have been a school system from July 201, and D were pregnant to the Plaintiff and were married around June 22, 2014.

C. Upon the Plaintiff’s birth, B filed a marriage report with D on December 4, 2014 and filed a birth report with D as the natural father of B and D.

The head of Mapo-si shall grant a resident registration number to the plaintiff and prepare a family relation register for the plaintiff on December 22, 2016, and cancel the plaintiff's resident registration on the ground that the plaintiff is not a national of the Republic of Korea, and close the family relation register for the plaintiff.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 8, 16, and 17, the purport of the whole pleadings and arguments

2. We examine, ex officio, whether the instant lawsuit is lawful or not, ex officio, as to the determination on the legitimacy of the instant lawsuit.

A party suit disputing legal relations under public law shall have the standing to be accused by the State, public organizations and other rights parties to such legal relations pursuant to Article 3 subparagraph 2 of the Administrative Litigation Act and Article 39 of the Administrative Litigation Act.

(1) The Plaintiff’s assertion of the status of a national of the Republic of Korea constitutes a party suit under public law (see, e.g., Supreme Court Decisions 2001Du7794, Dec. 11, 2001; 9Du2765, Sept. 8, 2000). The Plaintiff’s assertion of the status of a national of the Republic of Korea constitutes a party suit under public law (see, e.g., Supreme Court Decisions 2001Du7794

Therefore, the instant lawsuit is unlawful as it is against the Defendant, who is not qualified as a party.

3. Whether the Plaintiff is a Korean national - Additional determination

A. On the grounds delineated below, the plaintiff is a national of the Republic of Korea, and the defendant asserts this and seek confirmation.

1 The plaintiff is a father B's natural father who is a national of the Republic of Korea, and is born at the same time in accordance with Article 2 (1) 1 of the Nationality Act.