2020u21026 Confirmation of paternity

A

1. B

2. Sick:

Busan Family Court Decision 2019ddan217083 decided May 20, 2020

October 28, 2020

December 23, 2020

1. The rejection part of the judgment of the court of first instance is revoked. It is confirmed that there is no parental relation between the Defendants and the Deceased.

2. The costs of appeal shall be borne by each party.

1. Purport of claim

Recognizing the existence of the paternity relationship between the Plaintiff and the Defendants. He/she confirms that there is no paternity relationship between the Defendants and the Defendants. He/she confirms that there is no paternity relationship between the Defendants and the Deceased.

2. Purport of appeal

The same shall apply to the order.

1. The legality of litigation over confirmation of paternity and existence between the Defendants and the Deceased

According to Article 4 of the Regulations on the Procedures for Correction of Family Relation Registers (Rules No. 300 of the Family Relation Registers), where the father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s mother’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s father’s father’s father’s father’s father’s father’s father’s father’s father

2. Facts of recognition;

A. The Plaintiff reported the marriage with the Deceased on August 29, 1981, but divorced on August 29, 1981. B. The Plaintiff produced Defendant B on March 29, 1979, and Defendant C on February 21, 1981 between the deceased and the deceased.C. The deceased reported the Defendants’ report of birth, “the father,” “the mother,” and “the mother,” respectively. 【The grounds for recognition-based statements (including each number) Nos. 1 through 6, and the purport of the entire pleadings.

3. Determination

According to the above facts of recognition, there exists parental relation between the Plaintiff and the Defendants, and there is no parental relation between the Defendants and the Defendants, and it is obvious that there is no parental relation between the Defendants and the Deceased, and the Plaintiff is an interest in seeking confirmation. The Plaintiff’s claim has merit.

4. Conclusion

Therefore, the plaintiff's claim of this case shall be accepted as reasonable, and since the judgment of the court of first instance is unfair with a different conclusion, the part against the plaintiff among the judgment of the court of first instance shall be revoked and it is so decided as per Disposition.

The presiding judge shall be appointed from among the judges;

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