If the marriage relationship is terminated due to the agreement divorce, the profit of the lawsuit seeking confirmation of nullity of the marriage relationship.

Even if the marriage relationship is terminated due to the agreement divorce, there is a legitimate legal interest in seeking confirmation of nullity of the past marriage.

Article 27 of the Personnel Litigation Act

[Defendant-Appellant] Attorney Park Jong-chul et al.

Defendant 1 et al., Counsel for the defendant-appellant-nam, Counsel for defendant-appellant-appellee

Seoul High Court Decision 77Reu109 delivered on January 23, 1978

The original judgment is reversed, and the case is remanded to Seoul High Court.

The grounds of appeal are examined.

In the reasoning of the judgment of the court below, on November 18, 1931, the defendant 1 was married with the non-party and completed the marriage report to the head of Pyeongtaek-gun, Kim Jong-gun, the original domicile of which was the original domicile of the defendant, and left after August 15, 1958, and entered a provisional family register pursuant to the military law No. 179 on January 21, 1958, the defendant 2 and the head of the above original domicile of the family register reported a false marriage report on April 5, 1936, and the defendant's assertion that the defendant's marriage is null and void, and the defendant's subsequent agreement on July 25, 197 (in the case of this case, prior consultation about the lawsuit of this case), and thus, the respondent's claim for nullity of the marriage between the claimant is not affected by the defendant's previous legal relations, and thus, the defendant's claim for nullity of the marriage is not affected by the above defendant's previous legal relations.

In general, the existence of past legal relations can not be the subject of independent confirmation, and it is necessary to seek confirmation of the current legal status affected by the past legal relations. This is because the confirmation of past legal relations is merely merely a premise of dispute resolution, and it does not constitute a direct and simple method, deeming it as the purpose of civil litigation to resolve the existing dispute between private persons. However, in the above legal relations, it is inappropriate to treat them as the mere legal relations between private parties, for example, because there are many legal relations, such as marriage, adoption, or establishment of a company, invalidity of resolution at a general meeting of shareholders, cancellation, etc., and administrative relations such as administrative disposition, including marriage, adoption, etc., continue to occur on the basis of a large number of legal relations, and their effects are too complicated, and the legal relations derived therefrom are also complicated, and it is not appropriate to treat them as the same as that of sale and purchase, and it is more appropriate to individually and uniformly seek confirmation of the current legal relations as a basis of the current legal status, rather than to bring about a large number of disputes directly and repeatedly.

However, even though the existence or absence of a matrimonial relationship during the past period, the effect of the nullity of the marriage is retroactive to the king, and there is a legitimate legal interest in seeking confirmation of nullity of the marriage, as long as it has a direct and significant impact on the present legal state as it is related to the party's status law, such as presumption of recovered person, prohibition of the marriage, etc., or the beneficiary's entitlement to survivor pension under the Pension Relations Act, and property inheritance rights. If one of the parties to a marriage dies, the marital relationship is dissolved, and therefore, the king's marital relationship can be viewed as a previous relationship. In such a case, even if the prosecutor is the other party to the marriage, there is a ground for Article 27 (1) through (3) of the Personnel Litigation Act, which provides that the prosecutor may seek confirmation of nullity of the past marital relationship with the other party to the marriage, and there is no reasonable reason to treat the marriage relationship separately from the case where the marriage relationship is terminated due to the death of one party and the case where the agreement

If a marriage between the respondent as asserted by the claimant in this case is null and void, the claimant has the interest to obtain the judgment of nullification even in order to correct a false family register, as well as the interest to obtain the judgment of nullity of the marriage between the respondent and the defendant, so-called dual-type system of the appellant between the defendant and the plaintiff (Article 855 (1) of the Civil Code) shall be the party outside the marriage of the defendant (Article 855 (1) of the Civil Code) and the plaintiff, who is the recovered person of the defendant, has a clear and significant influence on his status or the issue of inheritance, and therefore the plaintiff's claim in this case shall have a legal interest to confirm the above marriage of the respondent. However, the court below's decision that the lawsuit in this case is a claim for confirmation of legal relations in the past and has no interest to confirm it because the confirmation does not affect the applicant's status or any other relation, which affected the conclusion of the judgment by misunderstanding legal principles as to the interest in confirmation in the past legal relations

Therefore, the judgment of the court below is reversed, and the case is decided as per Disposition with the assent of all participating judges who have participated in the trial and judgment.

Justices Ahn Byung-hee (Presiding Justice) (Presiding Justice)