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(영문) 부산가정법원 2011.5.4.선고 2011드단1503 판결

혼인의무효

Cases

2011drid 1503 Invalidity of Marriage

Plaintiff

이○○ ( xxXXXX - XXXXXXx )

- - - - - - - - - 000 apartment units in Busan Northern-gu. - - - - - -

Busan Eastdong-gu 00 Dong-dong -

Defendant

또□■■ ( xxxxxx - xxxxxxx )

Current unknown whereabouts;

Busan Gangseo-gu, Busan 000 Do- Domb- Domb

Nationality Vietnam

Conclusion of Pleadings

April 2014, 201

Imposition of Judgment

May 4, 2011

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Purport of claim

On July 28, 2010, the plaintiff and the defendant confirm that marriage reported to the head of Gangseo-gu Busan Metropolitan Government on July 28, 2010 is null and void.

Reasons

1. Basic facts

The following facts are admitted to the descriptions of Gap evidence 1, 2, Gap evidence 3-1, 2, and Gap evidence 4, and the purport of the body before the pleading.

A. On July 28, 2010, the Plaintiff, along with the Defendant of Vietnam’s nationality, married on July 28, 2010, and the head of the Gu of Gangseo-gu Busan Metropolitan City processed the marriage report.

B. The Defendant entered on December 8, 2010, but withdrawn on December 29, 2010.

C. At present, contact between the Plaintiff and the Defendant is in two separate situations.

2. Determination on the cause of the claim

The plaintiff asserts that, without the intention of marriage with the plaintiff from the beginning, the above marriage is null and void because the defendant was made a disguised marriage with the plaintiff for the purpose of living in Korea with the patriotic son who first entered Korea.

However, there is not sufficient evidence to acknowledge that the marriage of the plaintiff and the defendant constituted a case where the marriage of the plaintiff and the defendant did not reach an agreement between the parties, on the sole basis of the evidence No. 5-1 and 2, and there is no other evidence to acknowledge it.

The plaintiff's assertion is rejected.

3. Conclusion

The plaintiff's claim is dismissed for lack of reason.

Judges

Judge Lee Bo-young