In the case of resolving a de facto marital relationship, whether division of property is permitted

A person who is a legal spouse is not allowed to file a claim for division of property with the other party in a de facto marital relationship, except in extenuating circumstances such as de facto divorce.

Article 839-2 of the Civil Act

Claimant

Other Party

Seoul High Court Order 94Bu9 Dated July 22, 1994

The reappeal by an appellant is dismissed.

Expenses for reappeals shall be borne by the petitioner.

The grounds of reappeal are examined.

The court below rejected the claim in this case by the claimant's holding that the claimant who is a legally spouse is not allowed to claim the division of property on the ground of resolution of de facto marriage with the other party, unless there are special circumstances such as the legal divorce relationship between the claimant and the non-party, and there is no error of law by misunderstanding the facts against the rules of evidence or misunderstanding the legal principles on the division of property due to violation of the rules of evidence such as the theory of lawsuit.

There is no reason to discuss this issue.

Therefore, without further proceeding to decide on the remaining grounds of reappeal, the reappeal is dismissed, and the costs of reappeal are assessed against the appellant. It is so decided as per Disposition by the assent of all participating Justices.

Justices Cho Chang-tae (Presiding Justice)