Effect of a marriage report unilaterally made while de facto marriage is terminated;

If a report of marriage has been unilaterally made in a state of de facto marital relationship terminated, it shall be deemed null and void as it falls under the absence of agreement between the parties.

Article 815 of the Civil Act

Supreme Court Decision 86Meu41 Delivered on July 22, 1986

Claimant

appellees

Gwangju High Court Decision 88Reu46 delivered on June 9, 1988

The appeal is dismissed.

The costs of appeal shall be borne by the respondent.

We examine the grounds of appeal.

According to the reasoning of the judgment of the court below, the appellant and the respondent met on April 20, 1984 and entered a new marriage tour without the respondent's consent, and they used each other as a family fright after they met with the tearing day and have frequently run a new marriage travel. After that, the appellant, at the time of moving the place of work in Gwangju to the Education Agency in the Jeonnam-gun, the Bank of Korea, which was present at the time of the respondent, retired from the defendant and proposed that the respondent will continue to attend the place of work at home or by the claimant at home, but the respondent would not attend the court below's decision to dismiss the defendant's application for confirmation of the above facts without the consent of the court below in light of the facts that the appellant resolved the above de facto marriage relation with the defendant on December 18, 1984, and the respondent did not unilaterally accept the above facts that the defendant did not report the marriage and the defendant's allegation that there was no violation of the rules of evidence or the defendant's report of ratification of the above facts.

In addition, if the facts are acknowledged by the court below, a de facto marital relationship between the claimant and the respondent shall be deemed to be terminated before the report of marriage, and if the report of marriage was unilaterally made while the de facto marital relationship was terminated, it shall be deemed null and void as it constitutes a case where there is no agreement between the parties. Therefore, the judgment below to the same purport shall also

In addition, the facts that were not asserted by the court below, or the facts that were after the closing of argument by the court below cannot be viewed as a legitimate ground of appeal. Therefore, the party members' arguments are without merit, and the precedents cited by the arguments are not appropriate in this case. Therefore, there are no grounds for appeal.

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

Justices Ansan-man (Presiding Justice)