Where the other party dies, legal interest in seeking nullity of marriage;

Even if the marital relation becomes an issue of the existence or absence of the past legal relationship due to the death of the other party reported to the marriage, there is a legitimate legal interest in seeking nullity of the marriage, as long as it affects the present legal status, and according to the provisions of Article 27(3) of the Civil Procedure Act, if the other party dies, the prosecutor may file a lawsuit against the other party.

Article 27 of the Civil Procedure Act

Claimant

Seoul High Prosecutor's Office

Suwon District Court Incheon Branch (79d211 Judgment)

The original adjudication shall be revoked.

The case is remanded to Suwon District Court Incheon.

The original adjudication shall be revoked.

On March 10, 1970 between the claimant and the person outside the network, the marriage reported to the Director of the Noise-gun, Changwon-gun, Changwon-gun on March 10, 1970 and confirmed that the marriage is invalid.

All the costs of lawsuit shall be borne by the respondent in the first and second instances.

On the other hand, the court below, ex officio, examined the defendant's prosecutor as the respondent and sought confirmation of nullity of the marriage between the claimant and the non-party to the claim, but as long as the non-party to the claim is deceased, the marital relationship has been resolved and the respondent has no interest in the appeal or the appeal is recognized, there is no interest in seeking confirmation of invalidity of the case against the respondent. Thus, it is obvious that the respondent has dismissed the appeal on the ground that the appeal is unlawful on the ground that the appeal is not a party to the claim for confirmation of nullity of this case.

However, according to the above legal relations, it is inappropriate to treat the above marriage as a matter of the existence or absence of legal relations in the past, and generally, the existence or absence of legal relations in the past can not be subject to independent confirmation, and even if it is necessary to seek confirmation of the current legal status affected by the past legal relations, such as marriage, adoption, establishment of a company, and cancellation of resolution by the general meeting of shareholders, and administrative relations such as administrative disposition, which are the basis of these relations, have a lot of legal relations continuously occurred and its effects are too complicated, and the legal relations derived therefrom are also complicated and complicated, and the legal relations arising therefrom are not the same as those of the parties to the above legal relations, and it is not appropriate for the prosecutor to seek confirmation of the original legal relations in the above legal relations as long as they affect the present legal status (for example, presumption of recovery of the party, or the relationship between the party's own property and the right to receive pension under the old Civil Procedure Act, which are the basis of the previous legal relations and thus, it cannot be concluded that there are no legitimate interests in the present legal relations such as the right to claim for adjudication.

Therefore, the original adjudication dismissing the instant claim on account of its illegality for the above reasons shall be deemed to have committed an error of misapprehending the legal principles as to the benefits of confirmation or the eligibility of the party. Thus, it is so decided as per Disposition by the assent of all participating Justices who reviewed the instant case and remanded it to the Suwon District Court Incheon Branch.

Judges Park Young-young (Presiding Judge)