A. On October 31, 2017, the Plaintiff and C filed a report of marriage on October 31, 2017 with the former marital relationship, and on June 28, 2019, they completed the report of divorce.

B. From February to March 2019 during the marriage period between the Plaintiff and C, the Defendant entered a school with C in order to have C and C inside or inside the common port of residence (the Plaintiff was residing at the end of the workplace only due to the workplace problem) of the Plaintiff and C living together with C over 13 times in total from April 5, 2019 to April 26, 2019.

C On April 11, 2019, upon receiving abortion surgery, accompanied by the defendant.

피고는 C에게, “C아! 오빠는 처음부터 너였고, 지금도 너구, 앞으로도 너일꺼야.. 항상 오빠 믿어줘서 고맙구 힘들게 해서 미안해.. 사랑해~!!”, “C아, 니 말이 다 맞아요.. 오빠는 너만 있으면.. C이 너만..” “같이 살자는 니 요구에 한번에 대답하지 못하구 망설인거.. 오빠 마음 보이죠 평생 우리 같이 살아요 ”, “평생 행복하게 해줄게요”라는 메모를 써 주기도 하였다.

[Ground of recognition] A without any dispute, Gap 1 through 12, Gap 1 to 12, Eul 1, and the purport of the whole pleadings

2. The act of a third party making a judgment on the cause of a claim by committing an unlawful act with either side of the married couple to infringe on or interfere with a common life of the married couple falling under the essence of the marriage and to inflict mental pain on the spouse by infringing on his/her rights as the spouse, constitutes a tort in principle;

(see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). According to the above facts, the Defendant committed an unlawful act, even though C was in a marital relationship with the Plaintiff, such as maintaining a close patriotic relationship with C, and having a sexual intercourse with C at the joint residence of the Plaintiff and C, thereby infringing the Plaintiff’s community life.