2019dden 4379 Confirmation of Denial or the existence of paternity

A

Section B.

December 20, 2019

February 7, 2020

1. Of the instant lawsuit, the part on the claim for confirmation of the absence of paternity between the Defendant and the Deceased is dismissed.

3. The costs of lawsuit shall be borne by each person;

It is confirmed that there is no parental relation between the defendant and the deceased under Paragraph 2 of this Article and the deceased.

1. Facts of recognition;

A. The Plaintiff and the Deceased (Death in 2012) were legal couples who completed the marriage report on 1979, and the Defendant and the Deceased reported the birth of the Defendant as son between the Plaintiff and the Deceased on 1980 with the intent to establish a adoptive relationship.

B. The Defendant, while living together with the Plaintiff and the Deceased, became adult and became a house and became extinct, and sent a letter to the Plaintiff to the effect that the relationship between the Plaintiff and the Deceased was severed, and then the adoptive parent relationship was resolved.

C. The result was that the Plaintiff and the Defendant did not establish parental relation in genetic testing.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7 (including branch numbers), and the purport of the whole pleadings

2. Determination as to the claim for confirmation of paternity between the defendant and the deceased, among the lawsuits in this case

A report of birth of a natural parent as the intent of the parties to establish a adoptive parent relationship, and if the actual requirements of adoption are met, the adoption becomes effective even if the adoption was made, and the adoptive parent relationship can be resolved by the dissolution of the adoptive parent relationship. In this case, a false report of birth of a natural parent can function as a report of adoption through the public announcement of the adoptive parent relationship, and in such a case, barring special circumstances as there is a need to resolve the adoptive parent relationship by the dissolution of the adoptive parent relationship, a claim for denial of the existence of the legal parent relationship cannot be allowed (see, e.g., Supreme Court en banc Decision 200Meu1493, May 24, 2001). Further, even if a cause of the dissolution of the adoptive parent relationship exists between the deceased and the defendant, the claim can not be exercised by a person other than the right holder because it is a bound right, and this cannot be substituted by a claim for confirmation of the existence of the biological parent relation between the deceased and the deceased's spouse.

3. Determination as to the claim for confirmation of paternity or existence between the Plaintiff and the Defendant

According to the above facts of recognition, in light of the fact that there is no parental relation between the Plaintiff and the Defendant, and furthermore, there is a significant reason that it is difficult to continue the adoptive relation between the Plaintiff and the Defendant, and that it constitutes a cause for judicial dissolution under Article 905 subparag. 4 of the Civil Act, the Plaintiff is entitled to seek confirmation of non-existence of parental relation, in the sense of seeking judicial dissolution of adoptive relation.

The plaintiff's claim for this part is reasonable.

4. Conclusion

If so, the part of the lawsuit in this case against the defendant and the deceased's claim for confirmation of the absence of paternity is dismissed as unlawful, and the claim for confirmation of the absence of paternity is accepted as reasonable.

Judge fixed-day