사실혼해소에 따른 위자료
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s assertion and the deceased E (hereinafter “the deceased”) were de facto marital relations, but they were unable to perform their marriage contracts upon the death of the deceased, and the deceased made a verbal legacy to donate KRW 40 million deposited in the deceased’s deposit passbook to the Plaintiff before the death.
Therefore, the Defendants, the inheritor of the deceased, are jointly and severally liable to pay the Plaintiff KRW 48 million.
2. According to the evidence submitted by the Plaintiff, the Plaintiff and the Deceased were in a de facto marital relationship from October 201, the deceased died on July 7, 2016, and the deceased’s heir as the Defendants, F, G, and H are recognized.
However, there is no evidence to prove the fact that the deceased bequeathed KRW 40 million to the Plaintiff before the birth, and the legacy does not take effect unless it is in accordance with the method prescribed by the Civil Act (Article 1060 of the Civil Act). Therefore, the Plaintiff’s assertion that the deceased bequeathed KRW 40 million to the Plaintiff orally is difficult to accept by itself.
In addition, even according to the plaintiff's assertion itself, de facto marital relationship between the deceased and the plaintiff is terminated due to the death of the deceased, and there is a cause attributable to the deceased in the destruction of de facto marital relationship.
Inasmuch as no evidence exists to deem that the Plaintiff suffered damage due to either party or party, the Plaintiff’s partial assertion is difficult to accept.
3. According to the conclusion, the Plaintiff’s claim against the Defendants is dismissed as it is without merit.