거주자의 배우자는 배우자라는 사실만으로 거주자와 1세대를 구성한다고 보아야함[국승]
Seoul High Court 2009Nu10705 ( October 30, 2009)
Seocho 208west 2638 ( October 01, 2008)
A spouse of a resident should be deemed to form a resident and a household solely on the fact that he/she is his/her spouse.
Unlike requiring a resident or his spouse to share the same livelihood at the same address or residence as that of the resident or his spouse in order to form a household with the resident and the family, the spouse of the resident does not have any restrictions other than that of the spouse, and the spouse of the resident shall be deemed to form the resident and the household solely on the fact that the spouse is the spouse.
The contents of the decision shall be the same as attached.
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
Although all of the records of this case and the judgment of the court below and the grounds of appeal were examined, the argument on the grounds of appeal by the appellant falls under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal, and therefore, the appeal is dismissed under Article 5 of the same Act. It is so decided as