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(영문) 부산가정법원 2017.6.9.선고 2017드단203547 판결
친생부인
Cases

2017Dum203547 Denial of paternity

Plaintiff

A (1965, Japan)

2. Address;

Law Firm Doz.

Attorney Lee In-bok

Defendant

B. (2014. South Korea, 201)

Busan Address

Busan District Court

Special Representative 000

Conclusion of Pleadings

May 26, 2017

Imposition of Judgment

June 9, 2017

Text

1. The defendant denies that he is the plaintiff's natural father.

2. The costs of lawsuit shall be borne by each person.

Purport of claim

The order is as set forth in the text.

Reasons

1. Facts of recognition;

A. On November 8, 2010, the Plaintiff is registered as a legal spouse who has completed a marriage report with Non-Party A (the birth of 1978 and the death of February 4, 2017) on the marriage relation certificate. The Defendant is registered as a original father (the father) on the family relation certificate, and Non-Party A as the mother (the mother).

B. However, in fact, the plaintiff and the non-party A reported their marriage only for the purpose of Japanese employment of the above A, and they did not live together or have a marital relationship as the husband and wife, and the above A was forced to leave Korea, and the contact with the plaintiff was interrupted after their departure.

C. Meanwhile, it was found that genetic testing results did not constitute a natural relationship between the Plaintiff and the Defendant.

[Grounds for Recognition: Each entry in Gap evidence 1 to 7 (including each number), and the purport of the whole pleadings]

2. Determination and conclusion

According to the above facts of recognition, the defendant is presumed to be the natural father of the plaintiff born during the marriage between the plaintiff and the non-party A, but it is apparent that the father of the defendant is not the plaintiff. Thus, the plaintiff's claim of this case is justified, and it is so decided as per Disposition by the assent of all the costs of lawsuit.

Judges

Judges Kim Jong-soo

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