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(영문) 부산가정법원 2016.2.16.선고 2015드단5664 판결

이혼등

Cases

2015dden564 Divorce, etc.

Plaintiff

ParkAA (*********** 2**********))

Busan Southern-gu

Reference domicile:

Attorney Lee Do-young

Defendant

HB (***************************))

Address Gyeongbuk-gu District;

【Gyeong-gu, Gyeong-gu, Special Metropolitan City

Conclusion of Pleadings

January 26, 2016

Imposition of Judgment

February 16, 2016

Text

1. The plaintiff and the defendant are divorced.

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

Purport of claim

Paragraph 1 of this Article shall also apply.

Reasons

1. Facts of recognition

A. The plaintiff and the defendant are legally married couple who reported their marriage on December 8, 1986, and two persons have marriedCC (19*, *.*, *, hereinafter referred to as "son and wife").

B. The plaintiff and the defendant were living together with his father in Busan, and the defendant began to live in his place of work without sufficient debate with the plaintiff around 1994. The plaintiff and the defendant began to live in his country from around 1996 to now.

C. The Defendant visited the Plaintiff’s house from time to time to time to view his/her husband’s house during the said period of separation, and continuously transferred the amount of KRW 1 million or KRW 1.5 million per month to the Plaintiff and his/her dependants. However, in cases where the Defendant visited the Plaintiff’s house to take care of, and the Defendant visited the Plaintiff’s house, it was almost little of the dialogue between the Defendant and the Defendant, and the Defendant did not transfer the monthly living expenses to the Plaintiff from the second half of 2014.

D. The plaintiff and the defendant did not make telephone calls properly for the last five years.

E. Meanwhile, even around 199, the Plaintiff filed a lawsuit seeking divorce against the Defendant. On July 21, 2000, the judgment dismissing all the Plaintiff’s claims was rendered, and the said judgment became final and conclusive around that time.

[Grounds for Recognition] 1 to 7, 11, 12 evidence, Eul evidence 3 (including each number);

The result of the plaintiff's principal examination, the purport of the whole argument

2. Determination

In addition to the above facts, the plaintiff and the defendant were living separately without the substance of marital life for about 20 years, about 15 years have passed since the plaintiff's claim for divorce was dismissed, and about 15 years have passed since the plaintiff's claim for divorce was dismissed, the plaintiff and the defendant failed to make adequate efforts to maintain and recover marital relations within a different period, and the plaintiff and the defendant also submitted to this court a written statement to the purport that they want to divorce, the defendant constantly paid living expenses to the plaintiff and visited the plaintiff's house, and the plaintiff's claim for divorce was dismissed, even if considering the above facts, it is difficult to continue to continue the marriage between the plaintiff and the defendant due to the separation between the long-term and the efforts of both parties to recover marital relations.

It is reasonable to view that the defendant has been fully liable for the above failure of marriage, and that there is a substantial liability for the above failure of marriage.

Therefore, since there are grounds for judicial divorce under Article 840 subparagraph 6 of the Civil Code, the plaintiff's request for divorce is justified.

Judges

Judges Kim Jong-ok