Main Issues
Effect of adoption of an adopted child without the consent of the person entitled to select an adopted child;
Summary of Judgment
As Gap had his wife Eul 2 South and North Korea, but both Gap and two South and North were deceased, and one woman were married, Eul left for mixed, Gap's birth without Eul's consent, and Gap's voluntary adoption report was made without the agreement between the parties to the adoption, and it is null and void as it was made without Gap's consent.
[Reference Provisions]
Articles 867, 879, and 883 of the Civil Act
Cheong-gu person
Claimant
appellees
Claimant
Text
On May 19, 1984, the adoption reported between the claimant and the respondent to the head of the Seo-gu Seoul Special Metropolitan City on May 19, 1984 as the ex post facto adoption is confirmed as invalid.
The trial expenses shall be borne by the respondent.
Purport of claim
The text of paragraph (1) is as follows.
Reasons
If Gap evidence Nos. 1-2 (No. 1), 2 (No. 2) and 2 (Detection Report), and Gap testimony No. 2 and 3 are gathered in the whole purport of the pleading, the defendant, as the husband of the claimant was adopted after the post-child of No. 1, 1984, was reported to the head of Seo-gu, Gwangju Special Metropolitan City on May 19, 1984, and was registered in the family register as such. However, although the claimant was married with the deceased non-party No. 1 and both children were deceased and the plaintiff was married to the plaintiff, the non-party No. 3, one of the above deceased's children, without permission of the claimant, unilaterally accepted the documents as if the respondent was selected as the claimant after the post-child of the deceased's claim No. 1 and without permission of the claimant, and unilaterally reported the adoption.
If so, the adoption made by the above report between the claimant and the respondent is made without the agreement between the parties to the adoption, and it shall be null and void automatically. Therefore, the claimant's petition for adjudication shall be accepted as reasonable, and the trial costs shall be judged as per the order at the expense of the losing respondent.
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