2013D 101500 Invalidity of Marriage

1. Ansan0 (77 - 2)

Address Madio Ma

2. Ansan0 (79 - 2)

Address Ma-si

3. Ansan0 (83 - 2)

Seoul Address

[Defendant-Appellant] Defendant 1

Attorney Kim Yang-an, and Kim Jong-soo

Kim 00 (5 - 2)

Incheon Address

Law Firm Jeong-ju, Counsel for the plaintiff-appellant

Attorney Gyeong-soo, Counsel for the plaintiff-appellant

November 19, 2014

December 24, 2014

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

On July 30, 2013, a marriage reported between the defendant and Ansan (49 - 1, : Incheon) to the head of the Nam-gu Incheon on July 30, 2013 is confirmed as invalid.

1. Facts of recognition;

A. Ansan 00 completed the marriage report on March 7, 197, but divorced on August 23, 2001, and it had the plaintiffs as their children between the strong 00 and the strong 00.

B. On October 1, 2002, Ansan 00 entered the defendant as living together with the defendant at 00, Nam-gu, Incheon, Nam-gu, Incheon, his domicile (Dong) (the defendant completed the resident registration prior to his domicile on December 8, 2009). The defendant "Is the defendant's birth," "Is the defendant's birth," "Is the defendant's birth," "Is the defendant's birth," and "Is the defendant's birth," "Is the defendant's birth," "Is the defendant's birth," "Is the defendant's birth, "Is the 209-day," and "Iss the defendant sent the 200-year, and five years more than five years more than the son Kim 00-dong accompanied by the defendant's domicile, and "Isssssss de facto marriage," and "Issss de facto marriage," and "Istegn's accommodation, etc., at a hospital (00.).

C. On July 21, 2013, AO showed a pulmonary disorder due to pressure and pain of chests, and was transferred to a heart ward on July 29, 2013 after he was subject to a heart marry test, and on July 30, 2013: (a) around 00: (b) around 00, he/she was in need of an ornamental beer arbitration as a result of the implementation of an ornamental beer surgery.

Accordingly, the medical specialists in the heart of the Gacheon-ro Hospital in charge of the treatment of the Nacheon 00 at that time asked the defendant Eul who waiting to sign the written consent at the time of the surgery to the effect that the contact with the plaintiffs who are his children was withdrawn from the contact to the 00 children prior to the lacing of the above Gacheon Madong-ro Medical Treatment, and that the 00 was not informed of the plaintiffs' telephone numbers.

D. On July 30, 2013: From around 35, 2013: from around 12:35, the Defendant reported a marriage with the head of the Incheon Southernnam-gu at around 16:0 on the same day, and around 00, the Defendant reported a marriage with the head of the Incheon Nam-gu (hereinafter “instant marriage report”) and the euO died on July 31, 2013: 59 on the following day.

E. Although the Plaintiffs filed a lawsuit against the Defendant for false entry in the authentic copy of a notarial deed and the use of the authentic copy of a notarial deed, the Plaintiffs were sentenced to a non-prosecution decision on the ground that it is difficult to deem that the Defendant had reported the marriage against the intention of 00 at the time of filing the instant marriage

[Ground of recognition] Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 through 6, 8, 9, 11, 15 through 17 (including each virtual lot number), witness 00 testimony, and the result of the fact-finding on the head of the roadside Hospital for the Medical Corporation of this Court, the purport of the entire pleadings as a whole.

2. The plaintiffs' assertion and judgment

A. The plaintiffs' assertion

The plaintiffs asserted that the marriage report of this case was null and void as it was made without the agreement between the parties, since the defendant unilaterally reported the marriage of this case with no awareness of 00 in order to dispose of the property within 00, etc.

B. Determination

The agreement of marriage refers to an agreement that establishes a legally effective marriage under the Korean legal system that adopts the principle of legal divorce. Thus, even if one of the parties in a de facto marital relationship reports a marriage to the other party, the marriage shall be null and void as long as it is deemed that the other party lacks his/her intention to marry. However, in cases where the other party’s intention to marry is unclear, the existence of the intention to marry can be presumed based on the other party’s act that formed a de facto marital relationship in accordance with the practice of marriage and the principle of good faith. Thus, unless it is acknowledged that the other party clearly withdraws his/her intention to marry or agreed to resolve a de facto marital relationship, the marriage shall not be null and void (see, e.g., Supreme Court Decision 9Meu1329, Apr. 11, 200).

As to the instant case, according to the above facts of recognition, it is presumed that the intention of marriage with the Defendant was presumed to have been formed by a de facto marital relationship with the Defendant, and even if the 00-year internal office was in a state of business capacity at the time of the instant marriage report, unless there is any evidence to prove that the 00-year internal office was clearly withdrawn from the intention of marriage or agreed to resolve a de facto marital relationship with the Defendant, a marriage based on the instant report of marriage cannot be readily concluded as null and void.

3. Conclusion

Therefore, the plaintiffs' claim of this case is dismissed in entirety as it is without merit. It is so decided as per Disposition.

Judges Lee Dong-ho

1) The remaining head of the Dong/Dong seems to be a clerical error.