The case holding that there is no benefit to seek confirmation of the existence of a de facto marital relationship since it is merely a de facto or emotional benefit to the deceased's bereaved family members because the de facto de facto de facto marital relationship had already been terminated due to the death of the

Article 812 of the Civil Act, Article 228 of the Civil Procedure Act

Plaintiff

Inspection of the Gu Residential Site Office in Daegu

1. The instant lawsuit shall be dismissed.

2. Litigation costs shall be borne by the plaintiff.

Judgment confirming the existence of a de facto marital relationship between the Plaintiff and the deceased Nonparty

ex officio, the review of the legality of the instant lawsuit is made.

As the cause of the instant claim, the Plaintiff asserted that, from February 24, 191 to May 27, 1992, the Nonparty was in a de facto marital relationship while living together with the Nonparty (the Nonparty was deceased on August 10, 1964) and from February 24, 1991, the Plaintiff sought confirmation as the instant lawsuit because the bereaved family members of the said Nonparty did not recognize it and neglected the Plaintiff.

On the other hand, the litigation for the confirmation of existence of a de facto marital relationship, such as this case, should have the benefit of confirmation as a kind of litigation for the confirmation only if it can eliminate the present danger or instability in the Plaintiff’s rights or legal status by immediately establishing the existence of the present rights or legal status. The benefit of confirmation does not include the de facto benefit or economic benefit that will only be borne by the legal interest and against the contrary.

However, the fact that the plaintiff had already been terminated due to death and that a de facto marital relationship between the plaintiff and the above deceased was recognized to the bereaved family members of the above deceased is nothing more than the de facto or emotional interest, and thus cannot be deemed as the above interest in confirmation, and there is no other evidence to acknowledge the benefit of confirmation.

Therefore, the plaintiff's lawsuit of this case is dismissed as it is inappropriate to recognize the benefit of confirmation.

Judges Yu Won-won(Presiding Judge)