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(영문) 대법원 1962. 3. 29. 선고 4294민상1265 판결
[위자료][집10(1)민,278]
Main Issues

Presumption history of the family register at the time of the discovery of evidence against the registered facts of the family register;

Summary of Judgment

The registration of a family register may be denied on the basis of the opposite evidence.

Plaintiff-Appellee

[Judgment of the court below]

Defendant-Appellant

Defendant (Attorney Park Jin-young, Counsel for defendant-appellant)

original decision

Seoul High Court Decision 4294No568 delivered on July 21, 1961

Text

the original judgment shall be reversed.

The case is remanded to Seoul High Court.

Reasons

The ground of appeal No. 1 by the defendant's attorney is examined.

According to the court below's evidence No. 1 without dispute, it can be recognized that the deceased non-party 1 reported to the deceased non-party 2 who is the father of the plaintiff's husband as his father on January 8, 1959 and registered on the plaintiff's family register. Thus, it can be acknowledged that the non-party 1 was the father of the plaintiff's husband and that the non-party 1 could not reverse the plaintiff'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 non-party 1's father's father's father's father's non-party relation. However, even if the plaintiff's non-party 1 did not respond to the plaintiff's non-party 1's husband's non-party's non-party's non-party's non-party's non-party's family register's non-party 1's husband's plaintiff's plaintiff's plaintiff's husband's plaintiff's plaintiff's plaintiff's plaintiff's plaintiff's husband.

Supreme Court Judge Lee Young-chul(Presiding Judge) (Presiding Justice)

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