2015drid 17254 Invalidity of Marriage

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

Busan Address

Busan District Court

Law Firm Doz.

KimB (**************************))

Address Young-si

Reference domicile Daegu

March 23, 2016

April 6, 2016

1. On December 18, 2014, the marriage reported to the head of the Busan Coast Guard on December 18, 2014 between the Plaintiff and the Defendant is confirmed to be null and void.

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

The order is as set forth in the text.

According to Gap evidence Nos. 1 through 7 (including the number of branches), the plaintiff was suffering from hospital in East Asia University Hospital, etc. on the grounds of around 2009, and the defendant was hospitalized in the hospital in Busan National University Hospital, etc. on July 2012 on the grounds that he/she was suffering from hospital hospital in East Asia University Hospital, etc., and was receiving hospital treatment and outpatient treatment. The plaintiff and the defendant came to know each other during the hospital in Busan National Maritime Transit Hospital in order to inform their parents of the amount for the purpose of not being hospitalized in the mental ward and without marriage. The plaintiff and the defendant filed a report of marriage with the head of Busan National Shipping Agency on December 18, 2014 (hereinafter referred to as "the report of marriage of this case").

Marriage has its validity by reporting in accordance with the provisions of the Act on the Registration, etc. of Family Relationship (Article 812(1) of the Civil Act). In the event that there is no agreement of marriage between the parties, the marriage shall become null and void (Article 815 subparag. 1 of the same Act). In this case, an agreement of marriage refers to the agreement between the parties to make a mental and physical combination recognized as a couple under the social concept, namely, the agreement of marriage to foster an home. Thus, if there is lack of such intent, the marriage shall be deemed null and void even if there was no agreement of marriage between the parties to establish a status relationship as a couple under the law on the marriage report itself, even though there was no agreement of intention to establish a status relationship as a couple under the law on the one hand, as the parties did not agree on the marriage report itself (see, e.g., Supreme Court Decision 201Meu574, Jun. 10, 2010).

The report of marriage in this case cannot be deemed to have reached the agreement between the plaintiff and the defendant with the intention of marriage to foster a friendly family between the plaintiff and the defendant. Thus, the marriage shall be deemed null and void in accordance with Article 815 subparagraph 1 of the Civil Code, and the plaintiff shall have the interest to seek confirmation.

If so, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

Judges Lee Jae-chul