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(영문) 서울고등법원 2016.11.09 2016나2048110
종원지위확인청구의 소
Text

1. All appeals filed by the conjunctive Defendant against the Plaintiffs are dismissed.

2. The costs of appeal are ancillary to the defendant.

Reasons

1. Facts of recognition;

A. The Defendants are the species I of the Class I in FC C, FC C, G’s 25-year-old damage H, and the primary Defendant (hereinafter “Defendant D”) consists of the descendants of H, who are the descendants of H, and the primary Defendant E (hereinafter “Defendant E”) consists of the descendants of H, who are the descendants of H.

B. Plaintiff A is L's children, and Plaintiff B and C are Plaintiff A's children.

C. The Plaintiff’s father L’s father’s husband’s book is written without the entry of adoption and L is written as the descendants of “J” and the children of “N”, but L is written as the FC’s book (which was published in 1992; hereinafter “the instant family register”) No. 2, which is not the descendants of “J” but the latter descendants of “K”, and is written as L is also written as the two parts of each FC family register published in 1958 and 1979.

[Reasons for Recognition] A without dispute; Gap evidence Nos. 1 and 2; Eul evidence Nos. 1 and 3; Gap evidence Nos. 6 (including each number; hereinafter the same shall apply); the result of the first instance court's fact-finding with respect to the P Headquarters of the first instance court; the purport of the entire pleadings

2. The plaintiffs' assertion

A. Even if L is indicated in the instant supplementary report as the two-way L was sent to the son’s subsequent to the instant supplementary report, the presumption ability of the multiple copies shall prevail over the presumption ability of the instant supplementary report.

Even if the presumption ability of the family clan of this case is recognized, it cannot be deemed that the facts that the adopted child was committed before July 1, 1923, and even the family clan amended in 2014, the plaintiffs' first aid L was registered as the descendants of "J", and as long as the adoption is not indicated in L's expulsion, L is deemed to be the descendants of "J", and therefore, the plaintiffs who are children or grandchildren of L are the family clan members of defendant D.

B. If the plaintiffs are not members of the defendant D's clan, the plaintiffs eventually move lawfully to the defendant E, and if the plaintiffs were not members of the defendant D's clan.

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