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(영문) 대법원 2015.11.17.선고 2015므166 판결

이혼

Cases

2015Meu166 Divorce

Plaintiff, Appellant

A person shall be appointed.

Defendant, Appellee

A person shall be appointed.

Judgment of the lower court

Busan Family Court Decision 20142684 decided December 11, 2014

Imposition of Judgment

November 17, 2015

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

For reasons indicated in its holding, the lower court determined that there was no evidence to acknowledge special circumstances, such as the Plaintiff and the Defendant’s main liability for failure in the marriage between the Plaintiff and the Defendant, and the Defendant’s no intent to continue the marriage is objectively apparent, but the Defendant did not accept the Plaintiff’s claim for divorce of this case. Examining the record in accordance with the relevant legal doctrine, the lower court’s aforementioned determination is justifiable. In so doing, there were no errors by misapprehending the legal doctrine on the grounds for judicial divorce under Article 840 of the Civil Act, or

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Park Jae-young

Justices Lee Sang-hoon

Justices Kim Jae-tae

Justices Jo Hee-de

Justices Park Sang-ok

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