[혼인무효확인][하집1992(3),603]
Whether a null and void marriage may be deemed ratified in a case where a person has continued living together for one year with knowledge of the fact that the marriage was reported without the intention of marriage (affirmative)
I. If the plaintiff consented to live together with the defendant again and continued a marital life for one year after being aware of the fact that the marriage was reported without the defendant's intention to marry, the plaintiff confirmed the null and void marriage. Thus, the marriage between the plaintiff and the defendant shall continue to exist effectively.
Articles 815(1) and 139 of the Civil Act
[Plaintiff-Appellant-Appellee] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jong-soo et al., Counsel for plaintiff-appellant-appellee)
Plaintiff
Defendant
1. The plaintiff's main claim is dismissed.
2. The plaintiff and the defendant are divorced.
3. The defendant shall pay 5,000,000 won to the plaintiff.
4. The costs of the lawsuit shall be divided into two parts and one of them shall be borne by the plaintiff and her mother.
5. Paragraph 3 can be provisionally executed.
The primary claim: The judgment confirming that the marriage reported to the head of Mapo-gu Seoul Metropolitan Government on November 12, 1990 between the plaintiff and the defendant is null and void.
Preliminary Claim: Judgment identical with paragraphs (2) and (3) of this Article
1. Entry, etc. in family register;
According to the statement No. 1-1, the plaintiff and the defendant can recognize the fact that they reported marriage to the head of Mapo-gu Seoul on November 12, 1990 and registered as if they were married.
2. Judgment as to the main claim
As the primary cause of claim, the plaintiff asserts that the above marriage report between the plaintiff and the defendant was unilaterally reported by the defendant without agreement of marriage, and that the marriage between the plaintiff and the defendant is null and void, as the plaintiff knew of the above marriage report and confirmed it, the marriage between the plaintiff and the defendant is valid.
Therefore, in full view of the overall purport of evidence Nos. 1-2, 2-1, 2-1, 3-1, and 21 of evidence Nos. 1-2, 1-2, 3-1 to 21, the Plaintiff became aware of the Defendant around Dec. 1987 and came to have the first sexual intercourse with the Defendant on Jun. 1, 198. The Plaintiff was aware of the fact that the Defendant was his father-Nam at the latest, and became aware of the fact that he was 1-2, 3-1, 9-1, 9-2, 9-1, 9-2, 9-1, 9-2, 9-1, 9-2, 9-1, 9-2, 9-1, 9-2, 9-2, 9-1, 9-2, 9-2, 19-1, 9-2, 19-1, 9-2, 19-1, 9-1, 9-2, 9-1,
According to the above facts, the above report of marriage between the plaintiff and the defendant submitted a forged report of marriage without the plaintiff's consent, and there was no agreement between the plaintiff and the defendant at the time of the submission of the report of marriage. Thus, the above report of marriage shall be null and void. However, since the plaintiff consented to live together with the defendant even though he was aware of the fact that the report of marriage was made, and the plaintiff confirmed the above null and void report of marriage for one year, the marriage between the plaintiff and the defendant shall continue to exist effectively.
Therefore, the plaintiff's primary claim seeking confirmation of nullity of marriage between the plaintiff and the defendant is without merit.
3. Judgment on the conjunctive claim
A. Determination on the claim for divorce
According to the evidence as seen earlier, the defendant living together with the plaintiff, who was able to prevent the plaintiff from suffering more than the defendant's income, and assaults the plaintiff frequently. The defendant saw on February 19, 192 that the plaintiff was in a city where Handbags had been located at the market on the market on the market on February 19, 192, and that the plaintiff bags, caused the plaintiff to bag by baging the plaintiff's own bag, leading the plaintiff by drinking and bag, leading the plaintiff by drinking and bag, leading the plaintiff by drinking and bag, etc., and that the plaintiff was faging the defendant's continued assault because the plaintiff was unable to check the defendant's continuous assault, and the defendant was living in a book board on February 19, 192, and was faging the plaintiff on March 30, 199, and the defendant was forced to kill the plaintiff by 192.
The defendant's so-called, like the above facts of recognition, falls under the case where the spouse is extremely unfairly treated as a cause of judicial divorce under Article 840 subparagraph 3 of the Civil Code, so the plaintiff's claim for divorce is justified.
B. Determination as to the claim of consolation money
Since it is clear in light of the empirical rule that the plaintiff suffered severe mental suffering due to the above actions of the defendant, the defendant has a duty to avoid it in money. Thus, in consideration of all circumstances occurring during the pleadings of this case, such as the party's age, academic background, occupation, property level, status status, circumstances surrounding the marital life, and the cause of the failure of the marriage, the consolation money shall be determined at KRW 5,00,000, as claimed by the plaintiff.
4. Conclusion
Therefore, the plaintiff's primary claim is dismissed as without merit, and the plaintiff's primary claim is accepted as it is decided as per Disposition.
Judges Park Ma-sung