The case holding that even if a couple was living together, a report of marriage against the other party's will is null and void.

The case holding that even if the marital report itself was made against the will of the other party and the other party did not ratified the marriage report, the marriage by the report of marriage is null and void, even though the marital relationship was living together as the husband at the time of the report of marriage and the agreement to make a marriage was reached.

Articles 812 and 815 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-appellant-appellee)

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Doz., Counsel for plaintiff-appellant)

Plaintiff

Defendant

1. On August 6, 1996, the marriage reported to the head of Mapo-gu Seoul Metropolitan Government on August 6, 1996 between the Plaintiff and the Defendant confirms that it is void.

2. The costs of lawsuit shall be borne by the defendant.

The same shall apply to the order.

In full view of the statements in Gap evidence 1, Gap evidence 2, Eul evidence 3-1, and Eul evidence 3-2, and witness testimony, the plaintiff and the defendant did not have promised to report marriage as a joint living together with the plaintiff. On August 6, 1986, the defendant unilaterally reported marriage against the plaintiff's will on August 6, 1986, and the plaintiff can immediately appeal against the defendant and file the lawsuit of this case, and there is no other counter-proof.

The defendant asserts that at the time of the above marriage report, the plaintiff was living together with the plaintiff as the husband and wife at the time of the above marriage report, and the marriage report was reached between the plaintiff and Eul in 1996, and the above marriage report was made with the help of the defendant's witness. Even if the plaintiff's argument was true, the marriage report itself was made against the plaintiff's will, and if the plaintiff did not confirm the above marriage report, the marriage due to the marriage report is null and void.

Therefore, the plaintiff's claim seeking confirmation of nullity of the marriage due to the above marriage report is legitimate and it is decided as per Disposition.

Judges Cho Jae-chul