1. The instant lawsuit shall be dismissed.

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

1. The plaintiff's assertion

A. The Plaintiff was registered in the name of “C” on the certified copy and abstract of resident registration, on the ground that it was impossible for the Plaintiff to go to C.

B. However, a certified copy and a family relation register of the Plaintiff were registered as “A” under the original name of the Plaintiff.

C. Meanwhile, considering that the Plaintiff and C’s spouse and children are the same, and the Plaintiff’s children coincide with C’s respective changes in address based on the abstract of resident registration, the Plaintiff and C are clear that they are the same person, and they are subject to legal disadvantage due to their lack of recognition.

Therefore, the plaintiff seeks confirmation of the same person between the plaintiff and C in order to eliminate the plaintiff's right or legal status's uncertainty and risk.

2. Determination on this safety defense

A. First of all, with respect to the subject matter for which the Plaintiff seeks confirmation, the subject matter of confirmation is the current rights or legal relations (see, e.g., Supreme Court Decision 2012Da17585, Aug. 23, 2013). Simple confirmation of factual relations is deemed as having no benefit of confirmation (see, e.g., Supreme Court Decision 92Da23872, Dec. 8, 1992). Accordingly, the Plaintiff and “C” merely seek confirmation of fact that the same person is the same and cannot be subject to confirmation because they merely seek confirmation of factual relations.

B. Furthermore, in order for the Plaintiff to live as “A” in the future, the suit of this case is valid to eliminate the Plaintiff’s right or legal status’s uncertainty and risk, and whether it is an appropriate means. If the Plaintiff refuses the Plaintiff’s resident registration under the name of “A”, the suit of this case may be revoked by means of an appeal litigation.

However, separately, it is necessary to seek confirmation of the same person's property as above in civil litigation, with regard to the legal status of the Plaintiff.