Plaintiff 1 and one other (Attorney Lee Jae-soo, Counsel for the plaintiff-appellant)

Defendant and the deceased non-party 1’s taking-off (Law Firm Sejong, Attorney Tae-tae, Counsel for the defendant-appellant)

September 18, 2014

Suwon District Court Decision 2012ddan4656 decided November 8, 2013

1. The defendant's appeal is dismissed.

2. The costs of appeal are assessed against the defendant.

1. Purport of claim

It is confirmed that there is no parental relation between the plaintiff 1 and the defendant, and between the defendant and the deceased non-party 1.

2. Purport of appeal

The judgment of the first instance is revoked. All the plaintiffs' claims are dismissed.

1. Scope of the judgment of this court;

In this case where Plaintiff 2 filed a claim against the Defendant and the deceased Nonparty 1, and Plaintiff 1 filed a claim against the Defendant, the first instance court accepted all the claims of the Plaintiffs, and only the Defendant appealed.

However, in the event that a third party who is interested as Plaintiff 2 files a lawsuit seeking confirmation of existence of paternity, both parents and children who are co-defendants are indispensable co-litigants. Thus, even if only the Defendant appealed on the part of the claim of Plaintiff 2 among the judgment of the first instance, the part of the deceased Nonparty 1’s claim shall be excluded in accordance with the necessity of the unity of conclusion, and is included in the subject of adjudication at this court, which is the appellate court.

2. cite the judgment of the court of first instance

The reasoning for the court's explanation on this case is as follows: (a) the correction of "Defendant 1" as "Plaintiff 1" of the first instance court's first instance court's second and fourth acts; and (b) the addition of "the deceased non-party 1, who is the deceased non-party 1's litigation taking over the deceased non-party 1, as he died on March 7, 2014 while the case is pending in the trial," is identical to the corresponding part of the first instance court's reasoning, and thus, it is cited as it is in accordance with the main text of Article 12 of the Family Litigation Act and the main text of Article 420 of the Civil Procedure Act.

3. Conclusion

Therefore, the plaintiffs' claims are justified, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal for the defendant of indispensable co-litigation and the defendant's appeal for the non-party 1 who is the co-defendant 1 is dismissed, and the costs of appeal are assessed against the defendant. It is so decided as per Disposition.

Judges Jeong-won (Presiding Judge)