[1] The requirements to bring effect into force as an adoption report where a party has reported the birth of a natural father as an adoption intention

[2] Whether the consent of the legal representative of a person who has an abortion can be presumed to have been obtained in a case where a person who has an abortion does not exist or a person who has an abortion is unknown (negative)

[1] Articles 878 and 883 of the Civil Act / [2] Articles 869 and 883 of the Civil Act

[1] Supreme Court Decision 9Meu1633, 1640 decided Jun. 9, 200 (Gong200Ha, 1654)

Plaintiff (Attorney Lee Tae-hoon, Counsel for the plaintiff-appellant)

Defendant (Attorney Lee Jae-gu, Counsel for defendant-appellant)

Seoul High Court Decision 2003Na34771 delivered on July 14, 2004

The appeal is dismissed. The costs of appeal are assessed against the defendant.

1. On March 25, 192, the court below held that on December 31, 1990, the deceased non-party 1 and the non-party 2 agreed to donate real estate in the name of the non-party 2 and the plaintiff 120 million won in cash and securities and each of the real estate listed in the attached list Nos. 4 through 6 of the court below's decision. At the time, the non-party 2 agreed to support the plaintiff who is a minor child, 1/2 shares of the plaintiff and the deceased non-party 1 were determined as 1/2, and the deceased non-party 1 completed the performance of obligations pursuant to the separate agreement. Accordingly, the court below's decision that the non-party 2 and the plaintiff's share should be included in the list of non-party 2's non-party 1 and non-party 2's non-party 4's non-party 1's non-party 6's non-party 1's non-party 6's non-party 1's non-party 2's non-party 6's non-party 1's non-party 2's non-party 2's non-party.

2. The report of birth of the natural father as the intention of adoption shall be made by the parties, and if the actual requirements of adoption are met, the adoption shall take effect even if it is found to be erroneous in the form of the adoption. In this case, the false report of birth of the natural father shall function as the report of adoption publicly notifying the adoptive parent-child relationship under the law. In order to establish the actual requirements of adoption, there is an agreement of adoption, and the child under the age of 15 shall have the legal representative's abortion, and the adopted child shall not be deemed to have the grounds for invalidation of adoption under each subparagraph of Article 83 of the Civil Act, such as the existence or extension of the adoptive parent-child relationship, and the adoption shall not necessarily be accompanied by the fact of personal life as the adoptive parent-child relationship, such as custody, rearing, etc. If the report of birth of the natural father as the intention of adoption fails to meet the above requirements (see, e.g., Supreme Court Decision 9Meu163, Jun. 9, 2000).

Examining the record in light of the above legal principles, the non-party 3 was born on November 28, 199 as the mother's own consciousness. If the non-party 3 was born on the part of the non-party 1, the non-party 3 was born on the part of the non-party 1, the non-party 1, who was the non-party 2, who was the non-party 1, who was the non-party 3's father's father's mother's mother's mother's mother's mother's mother's mother's mother's mother's mother's mother's mother's mother's mother's mother's mother's mother's mother's mother's mother's mother's mother's mother's mother's mother's mother's mother's mother's mother's father's mother's mother's mother's mother's mother's father's mother's mother's mother's father's mother's mother's mother's mother's 10.

In the same purport, the decision of the court below that the non-party 3 is not entitled to inheritance as a legal person of the deceased non-party 1 because the adoption does not take effect against the non-party 3, is correct, and there is no error of law by misunderstanding facts against the rules of evidence or by misunderstanding the legal principles as to the requirements for adoption.

3. Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Shin Shin-chul-chul-chul (Presiding Justice)