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(영문) 대법원 2013. 04. 25. 선고 2013두1553 판결

(심리불속행) 거주자가 배우자와 사실상 별거하였더라도 별도 세대로 인정할 수 없음[국승]

Case Number of the immediately preceding lawsuit

Busan High Court (Capwon) 2012Nu792 ( December 13, 2012)

Case Number of the previous trial

Diab01 Schedule 2060 ( October 04, 2011)

Title

(ps) Even if the resident is actually separated from his spouse, it shall not be recognized as a separate household.

Summary

(C) If a resident’s spouse does not have any restrictions on the composition of the resident and a household, it shall be deemed that the resident’s spouse constitutes a single household solely on the ground that the spouse is the spouse, and even if there was no speculative purpose or the spouse was in fact divorced from the spouse, it shall not be deemed as a separate household.

Cases

2013Du1553 Revocation of revocation of request for rectification

Plaintiff-Appellant

KimA

Defendant-Appellee

Kim Jong-soo

Judgment of the lower court

Busan High Court (Chowon) Decision 2012Nu792 Decided December 13, 2012

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The records of this case and the judgment of the court below and the grounds of appeal were examined, but the chief executive officer of the appellant's grounds of appeal are not deemed to have any grounds under each subparagraph of Article 4 (1) of the Act on Special Cases Concerning the Procedure for Appeal. The appeal is dismissed under Article 5 of the same Act, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent

Reference materials.

If the grounds for final appeal are not included in the grounds of appeal that make it appropriate for the court of final appeal to become a legal trial, such as matters concerning significant violation of Acts and subordinate statutes, etc., the system of final appeal will not continue to proceed with the deliberation on the merits of the grounds for final appeal, but will not proceed with the deliberation on the merits of the grounds for final

심급 사건
-부산고등법원창원재판부 2012.12.13.선고 2012누792