[소유권이전등기][집27(3)민,116;공1980.1.1.(623),12336]
Article 828 of the Civil Code means the meaning of marriage during marriage
Article 828 (Cancellation of Contract between Husband and Wife) of the Civil Code does not mean that the state of a formal marital relationship is continuing, but rather it means the state in which a smooth marital relationship is continuing as well as formally and practically.
Article 828 of the Civil Act
[Judgment of the court below]
Defendant Park Byung-chul, Counsel for the defendant-appellant
Seoul High Court Decision 78Na3011 delivered on June 22, 1979
The appeal is dismissed.
The costs of appeal shall be borne by the plaintiff.
The grounds of appeal Nos. 1 and 2 by the Plaintiff’s attorney are also examined.
The theory of lawsuit does not appear to the effect that the judgment of the court below is criticized by citing evidence preparation and fact-finding which belong to the exclusive jurisdiction of the court below, which is the fact-finding court. Thus, even if examining the judgment below based on the records, it cannot be found that the court below erred by the rules of evidence, such as the theory of lawsuit, etc., and it cannot be said that there was a brutous substance that failed to complete the deliberation.
The issue is groundless.
The ground of appeal No. 3 is examined.
Article 828 of the Civil Code provides that a contract between husband and wife may be revoked at any time during the marriage. However, the term "a contract between husband and wife" in this context means not only the situation in which a formal marital relationship is in progress, but also the situation in which a smooth matrimonial relationship is in progress as well as in the form of a formal marital relationship. Therefore, even though a marital relationship is in progress formally and formally, if it is in a situation in which a substantial failure has occurred, it is reasonable to interpret that a contract between husband and wife under the above provision cannot be revoked.
Therefore, the judgment of the court below on the same purport is just, and there is no misunderstanding of the legal principles of Article 828 of the Civil Code, and there is no other error or omission of reason or omission of reason.
The issue is groundless.
Therefore, this appeal is without merit, and it is dismissed. The costs of appeal are assessed against the losing party and it is so decided as per Disposition by the assent of all participating Justices.
Justices Kim Yong-chul (Presiding Justice)