1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On January 29, 1985, the Plaintiff married with C on January 29, 1985 and divorced on January 12, 2001.

On October 14, 2016, the Plaintiff got married again with C.

B. The Defendant conspiredd with C from around 2010 to 2016.

[Ground of recognition] Unsatisfy, Gap 1, 2, and 4 evidence, the purport of the whole pleadings

2. Determination as to the cause of action

A. The summary of the plaintiff's assertion 1) The plaintiff married with C on January 12, 2001, but this was the most divorced because the plaintiff could have been subject to compulsory execution from creditors. The plaintiff continued to live together with C and his children, and maintained a de facto marital relationship with C. Since the defendant had suffered mental pain by living together with C and his child. The defendant was aware of such fact, and thus, he must pay consolation money to the plaintiff. 2) The defendant did not know at all whether C was the most divorced at the time of delivery of C.

The reason why the failure of marital life between the plaintiff and C is not the defendant, since the plaintiff has been divorced and neglected from C to his economic difficulties.

B. In full view of the following facts and circumstances acknowledged earlier, it is difficult to recognize that the Defendant infringed a couple’s communal living between the Plaintiff and C, by comprehensively taking into account the facts and circumstances acknowledged earlier, the entries of evidence Nos. 3, 4, 7, 8, and 9 and the overall purport of pleadings:

1) De facto marriage refers to a case where the parties have a subjective intention to marry between themselves, and objectively, in light of the social norms, there is a substance of marital life that enables marital life to be recognized as a marital life (see, e.g., Supreme Court Decision 2009Da84141, Mar. 25, 2010). However, there is no evidence to deem that the Plaintiff and C have an intention to marry between the Plaintiff and C during the period of divorce (from January 12, 2001 to October 14, 201), and that there was a substance of marital life. (ii) Plaintiff and C have been divorced for about 15 years, and ② Plaintiff and C have the same address during that period.