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(영문) 부산지방법원 2015.02.11 2014나44304
손해배상(기)
Text

1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. Costs arising from an appeal and an incidental appeal shall be respectively.

Reasons

1. Facts of recognition;

A. The plaintiff is a legal couple who reported the marriage on November 5, 1998, and has one child between C and his/her husband.

B. C acquired the shares of D around November 2010, and becomes the representative of the corporation’s solidarity among the minority shareholders, and as a legal director of the said company was on August 8, 2011, C left the Plaintiff and her children to Jeju-do for the normal operation of Jeju-do “E” operated by the said company.

C. C agreed to marry with the Defendant known in Jeju-do from September 201 to September 201, and to marry as divorced from the Plaintiff while living together with the Defendant from September 201.

On February 12, 2012, the Defendant sent text messages to the Plaintiff to the effect that “C is the husband of the Defendant and does not return to the Plaintiff”.

E. Meanwhile, around May 2, 2008, the Plaintiff’s father acquired a building F located in Busan-gu Busan-gu by auction. On November 10, 2010, the Plaintiff and C made the registration of ownership transfer based on one-half share trading with each other on the grounds of each one-half share trading. Thereafter, upon applying for a divorce on November 11, 201, the Plaintiff and C filed the registration of ownership transfer on the ground that C donated one-half share of the said building to the Plaintiff.

F. However, the Plaintiff did not appear on February 13, 2012, which was the date of confirmation of divorce. Accordingly, C filed a divorce lawsuit against the Plaintiff on February 15, 2012 (Supplementary Family Court 2012ddan4059) but lost, and C’s appeal (Supplementary Family Court 2013Red168) and final appeal (Supreme Court 2013Meu4263) were all dismissed, and the said judgment became final and conclusive on December 18, 2013, and the Plaintiff maintains a legal marital relationship with C until the date of closing argument in the trial.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including, if any, a serial number), the purport of the whole pleadings

2. Determination

(a) A person who has a spouse to be liable for damages and an unlawful act, thereby causing the failure of a matrimonial relationship by the person who is divorced from his spouse.

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