생모에 대한 친생자관계존재확인청구와 상속재산분할

Abstract

Confirmation of existence of biological parental relation shall be retrospectively effective from the time of birth of the child: Provided, That the right acquired by a third person shall not be prejudiced thereby. Other co-inheritors are not included in the third person of Article 860. The Supreme Court held that Article 860 of the Civil Code concerning the retroactive restriction of recognition does not apply to the maternal relationship which does not require recognition. In addition, the Supreme Court found that the inheritor could deny the effect of the division or disposition by another co-inheritor of the deceased mother. The Supreme Court found that this jurisprudential also applies to cases in which maternal relationship is clarified only after a declaratory judgment of the existence of maternal relationship after another co-inheritor has already divided or disposed of inherited property. Unlike the existing doctrine that the parental relationship is recognized from birth and the retrospective effect does not matter, the Supreme Court limited the scope of application of Article 1014. It is not constitutive to confirm that the child is her own child in a maternal relationship. Therefore, the Supreme Court's judgment is reasonable in this respect. However, since there is no time limit in the case of the right to claim for payment of the amount equivalent in share of inheritance, there is a possibility that the stability of the existing legal relationship may be shaken when the long-term time has elapsed. Therefore, it is necessary to find a way to reasonably adjust the interests of the confirmed inheritor and the other people.