2016Dum 2495 Confirmation of Denial or the existence of paternity

1. Yellow 00 (Sule in 1955);

2. Gambling0 (Law No. 1959)

Plaintiffs’ Address Busan

[Reference domicile of Plaintiffs]

[Defendant-Appellant]

Yellow* * (Relied in 1995)

The address and reference domicile are the same as the plaintiffs.

Attorney Special Representative

January 12, 2017

February 23, 2017

1. We confirm that there is no parental relation between the plaintiffs and the defendant.

2. The costs of lawsuit shall be borne by each person.

The order is as set forth in the text.

1. Facts of recognition;

A. The plaintiffs are legally married couple who reported marriage on October 15, 1984.

B. The plaintiffs did not have a child for a long time after their marriage, and among these days, they were left for the defendant who was unable to know the parents who were protected in the protection facilities for the mother located in Busan in around 1997, and on May 12, 1997, the defendant reported the birth of the defendant as the natural father of the plaintiffs.

C. While growing, the Defendant showed a mental disorder from the age of six to the age of six. In particular, since the Defendant entered a middle school, the Defendant was unable to adapt to school life because of its serious degree, and was unable to adapt to school life, and showed violent inclinations, such as exercising violence against her children and her parents, and frequently went out without any justifiable reason, and the Defendant was able to return home with the police’s aid.

D. In addition, the Defendant, without any special reason, took head debt, spits or spits it on the face with the Plaintiff Park 00 without using violence such as spits or spits.

E. From March 24, 2010 to now, the Defendant was diagnosed as a mental retardation for about five years and four months of age, due to the above recognition function disorder, social adaptation, extreme behavior against people around his family members, and frequent birth. From March 24, 2010 to now, the Defendant was diagnosed as a mental retardation for the clinical Examination that was conducted around March 2010, for about five years of age. On October 6, 2015, the Defendant was diagnosed as a serious behavioral disorder and requiring caution or medical treatment (Korean Standard Disease Classification Number F71.1, F84.04.04).

F. The Plaintiffs, due to the above mental disorder and abnormal behavior of the Defendant, experienced a big conflict, such as the transfer of responsibilities between each other in the custody, custody, and fostering of the Defendant, and eventually, there was a confusion between the parties on September 17, 2015.

G. On the other hand, in a genetic test between the plaintiffs and the defendant, the results of the test that the relationship between the plaintiffs and the defendant does not establish each natural relationship.

[Grounds for Recognition] Each entry in Gap evidence 1 to 9 (including a number, if any,);

As a result of the inquiry about the director of the hospital, the purport of the whole argument

2. Determination

A. The report of birth of the natural father of a child as the intention of adoption and if the adoption satisfies the substantial requirements, the adoption takes effect. In this case, the false report of birth of the natural father of a child becomes the function of the report of adoption, which is a legal parent-child relationship, and even if the adoption does not meet the substantive requirements at the time of the report of birth of the natural father of a child, the report of birth of the invalid natural father of a child shall retroactively take effect as the report of adoption. Here, in order to determine that the actual requirements of adoption are met, there is an agreement between the adoption and the legal representative of the child under the age of 15, and the adoption does not have any grounds for invalidation of the adoption as prescribed in each subparagraph of Article 83 of the Civil Act, such as the existence or extension of the adoptive parent-child relationship, and there is no other need to establish the adoption relationship between the defendant's natural father and the adoptive parent of the child, and there is no other need to establish the defendant's birth relation with the child of an adult child as his natural father (see Supreme Court Decision 2007Da375, Sept. 6, 27, 207, 207).

B. Meanwhile, even if the birth report for a false natural father is recognized as an adoption report, it is also allowed to seek confirmation of the absence of parental relation in lieu of a judicial dissolution of a adoptive relation, if there are grounds for judicial dissolution under Article 905 of the Civil Act.

However, the above facts are as follows: Gap evidence Nos. 11 through 13; Eul evidence Nos. 15 and 16; it is recognized that the whole purport of the arguments as a result of fact inquiry about the 1st Dong community service center is combined; i.e., the defendant shows an excessive violent tendency after 6 years of age, especially after the entrance into middle school, and the plaintiff Park 00 seems to have suffered harm to the defendant due to the defendant's violent behavior; ii) considering the fact that the defendant's mental condition as the defendant's foster parent for 20 years is hard to expect that the defendant's mental condition is too high, and that the defendant's mental condition is hard to expect due to the defendant's mental condition, and that the defendant's mental condition is hard to expect, and it seems that there is no possibility that the defendant will suffer harm to the defendant's life due to the defendant's mental disorder, such as the defendant's child care and treatment for the defendant's physical condition.

3. Conclusion

Therefore, the plaintiffs' claims shall be accepted on the grounds of their reasoning, and it is so decided as per Disposition.

Judges Park Sang-sung