beta
(영문) 부산가정법원 2019.7.5.선고 2018드단216724 판결

혼인무효확인

Cases

2018dden216724 Invalidity of Marriage

Plaintiff

A

Defendant’s

Conclusion of Pleadings

June 14, 2019

Imposition of Judgment

July 5, 2019

Text

1. Marriage reported to the head of ○○○ on May 25, 2017 between the Plaintiff and the Defendant is null and void.

confirmation.

2. The costs of lawsuit shall be borne by each person.

Purport of claim

○ The primary claim is set forth in Paragraph 1 of this Article.

○ Preliminary Claim: The plaintiff and the defendant are divorced.

Reasons

1. Facts of recognition;

A. The Plaintiff was hospitalized in △△ Hospital from March 6, 2016 to May 13, 2016.

B. From August 8, 2016 to September 19, 2016, the Defendant was hospitalized in △△ Hospital due to the pulmatic disorder. Around that time, the Defendant became aware of the Plaintiff who received outpatient treatment at the same hospital.

C. The Plaintiff and the Defendant began to go back from February 2, 2017, and reported to the head of ○○○ on May 25, 2017, without notifying their respective parents and other family members.

D. The plaintiff and the defendant did not have been married or living together after the report of marriage.

E. While receiving outpatient treatment, the Plaintiff showed symptoms, such as unrealistic accidents, decline in judgment, etc., and voluntarily suspended outpatient treatment after June 27, 2017. The Plaintiff was hospitalized in △△ Hospital on March 3, 2018, as the symptoms have deteriorated.

F. On September 19, 2016, the Defendant continued to undergo pharmacologic treatment even after having discharged the above hospital. [The grounds for recognition] Each entry of evidence A Nos. 1 through 11 (including the number of branches) and the purport of the entire pleadings

2. Judgment as to the plaintiff's primary claim

A. Article 815 Subparag. 1 of the Civil Act provides that “When there is no agreement between the parties to a marriage between the parties on grounds of nullity of marriage, the agreement of marriage here means “when there is no agreement between the parties on grounds of nullity of marriage, the agreement of marriage refers to “the agreement of the parties to engage in mental and physical combinations which are recognized as marital relations between the parties, and the parties

B. In light of the following circumstances acknowledged in light of the purport of the entire pleadings as to the instant case: (a) the Plaintiff and the Defendant appears to have been unable to make a normal judgment at the time of reporting the marriage due to the mental illness held by each party; (b) the Plaintiff and the Defendant reported the marriage to their families before and after reporting the marriage; and (c) there was no knowledge or discussion about the marriage; and (d) the Plaintiff and the Defendant do not have any marital life as well as any external appearance since they did not have any marriage or living together after reporting the marriage; and (e) in light of the following circumstances, it is reasonable to deem that the Plaintiff and the Defendant reported the marriage without agreement between their will to create a mental and physical combination recognized as a couple under the social norms.

C. Therefore, the marriage reported between the Plaintiff and the Defendant to the head of ○○○○ on May 25, 2017 shall be deemed null and void pursuant to Article 815 subparag. 1 of the Civil Act, and the Plaintiff has the benefit to confirm it.

3. Conclusion

If so, the plaintiff's primary claim is accepted on the ground of its reasoning, and it is not judged as to the preliminary claim unless the primary claim is accepted.

Judges

Judges Jeong-il