1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff and C are legal couple who completed the marriage report on May 17, 1978, and have three children, such as D (E), F (G) and H (I).

B. Around March 1, 2003, the Plaintiff had been living together with C until now.

C. On March 13, 2003, the Plaintiff filed a divorce and a claim for division of property against C on March 13, 2003, a final branch court of Chuncheon District Court, 2003ddan328, and withdrawn the said lawsuit.

On September 21, 2009, C filed a lawsuit against the Plaintiff for divorce with Seoul Family Court Decision 2009Ddan92060, and on November 24, 2010, the above court rendered a judgment of divorce between C and the Plaintiff on the ground that C and the Plaintiff were in a state no longer able to maintain a matrimonial relationship due to prolonged infertility and separation for a long time.

E. On July 1, 2011, the Plaintiff appealed with the Seoul Family Court Decision 2010Ma4296, and the above appellate court rendered a judgment dismissing C’s claim on the grounds that C and the Plaintiff’s marital relationship had already been substantially broken down and became impossible to recover, but C and C are mainly responsible for the failure of marriage.

After that, the above judgment of the appellate court became final and conclusive through C’s appeal (Supreme Court Decision 201Meu218).

In full view of the following facts: (a) after the Plaintiff started house around March 1, 2003, C and the Plaintiff have been separated for not less than seven years; and (b) C and C consistently wished to divorce with the Plaintiff after the instant divorce lawsuit was instituted, it is deemed that C and the Plaintiff’s marital relationship had been substantially broken down, and thus, it is impossible to recover.

However, it is recognized that C had established an internal relationship with J for about six years from around 1992 to December 1998, the Plaintiff was assaulted by C around February 14, 2003, immediately before the house was located, and C was living together with K on the ground that the Plaintiff remains the house at present. Thus, the Plaintiff, who is the wife, is located.