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Case Number of the immediately preceding lawsuit
Changwon District Court 201Guhap3744 (2012.05.03)
Case Number of the previous trial
Diab01 Schedule 2060 ( October 04, 2011)
Title
Even if a resident actually stays with his spouse, it shall not be recognized as a separate household.
Summary
Since the spouse of a resident has no restrictions on the formation of the resident and one household, the fact that the spouse is the spouse shall be deemed to form the resident and one household, and even if there was no speculative purpose or the spouse was actually separated from the spouse, it cannot be deemed to be a separate household.
Cases
(original)Revocation of revocation of a request for correction, 2012Nu792
Plaintiff and appellant
XX Kim
Defendant, Appellant
Kim Jong-soo
Judgment of the first instance court
Changwon District Court Decision 201Guhap3744 decided May 3, 2012
Conclusion of Pleadings
October 11, 2012
Imposition of Judgment
December 13, 2012
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The decision of the first instance court is revoked. The defendant's rejection disposition against the plaintiff on March 9, 201 (as stated in the purport of appeal by the chief of the appeal on March 9, 2010) is revoked.
Reasons
1. The court's explanation concerning the instant case is based on three pages 3 and two pages 6 of the judgment of the first instance court.
The phrase “before the amendment was made by Act No. 9672 of May 21, 2009,” respectively, shall be read as “before the amendment was made by Act No. 9897 of December 31, 2009,” and the phrase “before the amendment was made by Presidential Decree No. 21515 of May 29, 2010; the phrase “before the amendment was made by Presidential Decree No. 21515 of May 29, 2009; and the phrase “before the amendment was made by Presidential Decree No. 22580 of May 30, 2010”; therefore, it shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act; the main sentence of Article 420 of the Civil Procedure Act.
2. If so, the plaintiff's claim shall be dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit, and it is so decided as per Disposition.