Cases
209B00 The change of the origin and origin of surname 200
Appellant, appellant
O0 (Felss 79 Yearss)
Seoul (hereinafter referred to as hereinafter omitted, as follows)
Law Firm Radar Law Firm
Attorney Lee Lee-soo, Counsel for the plaintiff-appellant
Principal of the case
Article 00 ( Males Lifeed in 07)
The domicile and reference domicile shall be the same as the applicant.
An intervenor;
Jeong* (A man who has been born in 50 years)
Seoul
Judgment of the original Tribunal
Seoul Family Court Order 2008 Madern** Judgment on February 12, 2009
Imposition of Judgment
May 13, 2009
Text
1. The adjudication of the first instance shall be revoked;
2. 사건본인의 성을 " 오 ( 吳 ) " 로, 본을 " 해주 ( 海主 ) " 로 변경하는 것을 허가한다 .
Purport of request and purport of appeal
1. It is marked as the text;
Reasons
1. Facts of recognition;
According to the records of this case, ① the claimant and the family court of Seoul Family Court established the case principal on Jan. 9, 2008 and divorced from the case principal on Jan. 1, 2008, ② the claimant was designated as the person with parental authority and the guardian of the principal of this case at the time of the above mediation, and thereafter the plaintiff has brought up the principal of this case under the active support of the child-friendly organizations. ③ At the time of the above mediation, the claimant agreed to pay 30,000 won each month from Jan. 1, 2009 as the child support of the principal of this case. However, there is no trace of the payment up to the date, and there is no contact with the principal of this case. ④ The principal of this case has been suffering from de facto documentary evidence, etc., ④ from the petitioner and the family court of this case to the date of the divorce lawsuit, ⑤ There is no intention of re-consigning, ⑤ Even if the petitioner did not have any intention to use the principal of this case to the end of this case.
2. Determination
In light of the above facts, it is reasonable to permit the change of the principal's performance when comprehensively considering the following circumstances: (a) the age of the principal of the case is merely two years of age and there is little threat to legal stability that may be caused by permitting the change of the principal's performance; (b) the principal of the case is now called "O00 according to the applicant's sex in actual life; (c) the principal of the case is being raised with the active support of the applicant; (d) the father expressed his/her intention to consent to the application of this case; and (e) the fact that the principal of the case is a minor of the relationship with the principal of the case, such as not paying the child support at present; and (e) it is reasonable to permit the change of the principal's performance ( even though the principal of the case is the intervenor * has expressed his/her opposing opinion to the change of the principal's performance * as seen earlier, it is difficult to be a ground to deny the change solely on the ground that the father's relative of the case is opposed to the change).
3. Conclusion
Therefore, the claimant's claim of this case shall be accepted on the grounds of its reasoning, and the judgment of the court of first instance is unfair on the grounds of its conclusion, and it is so decided as per Disposition with the appellant's appeal being accepted.
May 13, 2009
Judges
Judges Jeon Young-ro
Judges Kim Jong-Un
Judges Choi Jae-il