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Cases
2019dward208423 Divorce
Plaintiff
A
Defendant
Section B.
Conclusion of Pleadings
July 21, 2020
Imposition of Judgment
August 11, 2020
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Purport of claim
The plaintiff and the defendant are divorced.
Reasons
1. The plaintiff's assertion
In 1982, the Plaintiff is married with the Defendant and has two full-time adult children as their children. Around 1990, the Plaintiff committed an unlawful act with another female and the Defendant was married to Busan around 1992 and did not exchange with each other after having moved to Busan. Therefore, the marriage between the Plaintiff and the Defendant has reached a failure to recover any longer due to a prolonged separation of occupation. This constitutes a cause for judicial divorce under Article 840 subparag. 6 of the Civil Act, and thus, the Plaintiff’s claim for divorce should be accepted.
2. Determination
A. There is no evidence to find that the marriage relationship between the plaintiff and the defendant has reached the breakdown status due to the serious cause that makes it difficult to continue the marriage under Article 840 subparagraph 6 of the Civil Code.
B. Furthermore, even if the marital relationship between the Plaintiff and the Defendant, as alleged by the Plaintiff, has reached the failure, if comprehensively taking account of the materials submitted by the Defendant, it is reasonable to deem that the cause of the failure maintains an unlawful relationship with other women, and that the Plaintiff is mainly responsible for neglecting the Defendant and his/her children, who were the spouse, at home.
C. Therefore, the plaintiff, who is a "competent spouse", cannot file a claim for divorce on the ground of such circumstance as alleged, and the evidence submitted by the plaintiff alone is objectively obvious that the defendant has no intention to continue the marriage, and it is difficult to view that the plaintiff's failure to comply with the divorce in misunderstandings or retaliation sentiment, or there are other special circumstances where the plaintiff's negligence does not remain enough to reject the claim for divorce, and there is no other evidence to acknowledge it otherwise.
3. Conclusion
Then, the plaintiff's claim of this case is dismissed as it appears to be a part of the mother and there is no reason, and it is so decided as per Disposition.
Judges
Judge Lee Jae-Un,