2015drid 5848 Invalidity of Marriage

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Busan Address

Busan District Court

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Last Address Busan

Nationality Vietnam

July 21, 2015

August 11, 2015

1. On October 21, 2014, between the Plaintiff and the Defendant, the marriage reported to the head of the Northern District Office of Busan Metropolitan City on October 21, 201 confirms that it is void.

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

1. The primary purport of the claim is as set out in the text.

2. Preliminary claim: The plaintiff and the defendant are divorced.

1. Facts of recognition

A. On April 12, 2014, the Plaintiff introduced the Defendant, Vietnam, a Korean national, through a marriage information company around 2014, and gave marriage awareness in Vietnam on April 12, 2014.

B. After having married, the Plaintiff returned to Korea first, and the Defendant continuously demanded the Plaintiff to pay money, and the Plaintiff wired the sum of KRW 3,397,000 to the Defendant several times from June 13, 2014 to January 15, 2015.

C. On October 21, 2014, the Plaintiff reported the marriage under Paragraph 1 of the Disposition.

D. The Defendant was in Korea on January 22, 2015, and there were many cases where the Plaintiff refused to engage in sexual intercourse with the Plaintiff, except when the Plaintiff transferred money to the Defendant’s family member in Vietnam.

E. On February 11, 2015, two days after the Defendant received a foreign registration certificate, the Defendant: (a) placed his/her own animals on February 11, 2015, and thereafter, (b) confirmed the Defendant to contact the Defendant’s mother, her son, etc. in Vietnam and find the Defendant. However, the Defendant did not contact the Plaintiff.

[Grounds for Recognition] Each entry in Gap evidence 1 to 11 (including each number), and the purport of the whole pleading

2. Determination

Article 815 subparag. 1 of the Civil Act refers to a case where there is no agreement between the parties on the grounds of nullity of marriage between the parties to a marriage, which means the case where there is no agreement between the parties to make a mental or physical combination which is recognized as a couple under the social concept of the parties to a marriage. Thus, if there is an intention to establish the marital relationship with only one party, and the other party lacks such intention, even though there was an intention to establish the status relationship between the parties to a marriage as a husband and wife under the law in response to the agreement between the parties on the report of marriage itself, such marriage shall be deemed null and void because there was no agreement on marriage between the parties (Supreme Court Decision 2010Meu574 Decided June 10, 201).

In addition to the above facts, the defendant continuously demanded money to the plaintiff, the defendant, who is a Vietnam nationality, left 20 days after entering Korea, and there were many cases where he refused to engage in sexual intercourse with the plaintiff after entry, etc., the defendant seems to have temporarily created the appearance of a marriage to achieve the economic purpose without the intention to marry with the plaintiff. Thus, it is reasonable to deem the marriage between the plaintiff and the defendant as null and void pursuant to Article 815 subparagraph 1 of the Civil Act because the marriage between the plaintiff and the defendant falls under the case where there is no agreement of marriage.

3. Conclusion

Therefore, the plaintiff's primary claim is accepted.

Judges Kim Jong-ok