A. The meaning of “when the spouse has been extremely maltreated by the spouse” under Article 840 subparag. 3 of the Civil Act

(b) Circumstances in which a divorce has been agreed upon and the divorce has been separately made, and reasons for divorce under Article 840 subparagraph 6 of the Civil Act;

A. Article 840 Subparag. 3 of the Civil Act provides that “When the husband is extremely maltreated by the spouse” refers to the case where the husband was subject to violence, abuse, or serious insult to the extent that it would be harsh by force to continue the marriage relationship. Thus, even if the wife had registered the real estate acquired during the marriage life in the husband’s name or drinking the real estate under the difficult living environment of the husband, thereby making the husband fighting, and there was a somewhat insulting speech or little assault during the marriage of the husband, it cannot be said that the mere fact alone requires the continuation of the marriage relationship to the extent that it is extremely harsh.

B. Although there is no evidence to readily conclude that it is impossible to find the difficulties between husband and wife solely with the circumstance that husband and wife agreed to divorce by means of family inequality and the husband and wife prepare and distinguish a divorce report or a written statement, it does not constitute grounds for divorce under Article 840 subparagraph 6 of the Civil Act.

Article 840 of the Civil Act

[Defendant-Appellant] Defendant 1 and 2 others

Appellants

Seoul High Court Decision 79Reu85 delivered on January 14, 1980

The appeal is dismissed.

The costs of appeal shall be borne by a claimant.

The grounds of appeal by claimant are examined.

According to the reasoning of the judgment, the court below held that the claimant and the claimant reported the marriage on January 16, 195 to both persons, and that the claimant has one male and female, and that the claimant has no sufficient time to report the marriage between the claimant and the claimant's husband, and that the claimant has no sufficient reason to recognize the divorce between the husband and the husband's spouse, and that the claimant has no sufficient reason to recognize the divorce between the husband and the husband's family and the deceased's spouse's family life under the same circumstances as the claimant's husband's family name and the deceased's family register 436 houses purchased with earnings which the claimant has different from her mother's life and the main place of business, and that it is difficult for the claimant to recognize the divorce between the husband and the deceased to have no reason to believe that it is difficult for the claimant to take advantage of the above circumstances that there is no serious reason to recognize divorce between the husband and the deceased's family and the deceased's family register, and that it is difficult for the claimant to take advantage of the fact that there is no reason for divorce between the claimant's.

Therefore, the appeal by the claimant is dismissed, and all costs of appeal are assessed against the claimant who has lost. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yoon Il-young (Presiding Justice)