[혼인무효 ][하집1996-2, 505]
The case holding that there is a benefit to seek confirmation of nullity of marriage in order to deny presumption of paternity of a person who is not the father of a child even though a marriage report is made without agreement between the will of marriage and the agreement
In a case where a unilaterally reported a marriage without the agreement of the intention of marriage but resolved the marriage relationship by agreement and delivered a child between the present husband and the present husband not later than 300 days prior to the end of 300 days, the case holding that the report of marriage between the present husband and the previous husband is unilaterally made between the parties without the agreement of the intention of marriage, and the marriage by such report is null and void, and even if the marriage relationship is terminated by the report of divorce, if the marriage is valid, there is a benefit to seek confirmation of nullity of marriage in order to deny it as presumed as the father and wife who given birth between the present husband and the present husband
Articles 812, 815, and 844(2) of the Civil Act
1. (Attorney Choi-ho, Counsel for the defendant-appellant)
Defendant
1. On March 18, 1995, the marriage reported between the plaintiff and the defendant to the head of the Gu/Si/Gu party branch on March 18, 1995 is confirmed to be null and void.
2. The costs of lawsuit shall be borne by the defendant.
The same shall apply to the order.
In full view of Gap evidence 1-1, 2, Gap evidence 2, 5-1, 6, Gap evidence 7, and testimony of witness, the facts that the plaintiff and the defendant received a marriage report on March 18, 1995 between the plaintiff and the defendant and entered into the family register as a mixed marriage on October 11 of the same year (the plaintiff established a new family register at the above legal domicile), but the plaintiff returned to the Republic of Korea after divorce with the non-party 1's husband's husband's husband's husband's husband's husband's husband's husband's husband's husband's husband's husband's wife's 1, 5-1, 6-2, 7, and 9-1's testimony, the plaintiff unilaterally prepared a marriage report between the plaintiff and the defendant's husband's husband's husband's husband's husband's husband's husband's husband's husband's husband's husband's wife's 9-1, 994.
According to the above facts, the above report of marriage between the plaintiff and the defendant was unilaterally made by the defendant without the agreement between the parties to the marriage, and the above marriage by such report is null and void. Although the marital relationship between the plaintiff and the defendant has been resolved by the report of divorce, if the above marriage is valid, if the above marriage is presumed valid, the above husband's father and the defendant are presumed to be the natural father of the defendant, and therefore, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.
Judges Kim Jong-ok