2017drid 10292 Invalidity of Marriage

A

B

June 13, 2017

June 27, 2017

1. The plaintiff's claim is dismissed.

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

On October 4, 2016, it is confirmed that the marriage (hereinafter referred to as "the marriage of this case") between the Gu office and the defendant is null and void by reporting to the head of Dong-gun, Dong-gun, Gandong-gun, Gandong-gun on October 4, 2016.

1. The plaintiff's assertion

In light of the fact that the Defendant’s report of marriage with the Plaintiff and entered the Republic of Korea around November 22, 2016 around February 8, 2017 after entering the Republic of Korea and leaving the contact with the Plaintiff, it appears that the Defendant had no genuine intent to marry. Thus, the marriage in this case is null and void.

2. Determination

Under our legal system which takes the principle of legal divorce which is established by the report of marriage, once a report of marriage has been made through legitimate procedures, the marriage is presumed to be valid as it is in accordance with the agreement of marriage between the parties. Therefore, it is insufficient to conclude that the evidence submitted by the plaintiff alone was insufficient to conclude that there was no mutual agreement between the plaintiff and the defendant at the time of the report of marriage in this case, and there is no other evidence to acknowledge it, and therefore, the plaintiff's above assertion is without merit.

3. Conclusion

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

Judges Kim Gung-han