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The appeal is dismissed.
The costs of appeal are assessed against the defendant.
Reasons
The grounds of appeal are examined.
Article 832 of the Civil Act refers to a juristic act normally required for a couple’s community life. As such, whether a juristic act at issue concerns a normal family life ought to be determined by comprehensively taking into account the intent and purpose of a person who performed a juristic act along with the objective type or nature of the juristic act, the actual living conditions of a couple, etc.
(2) The court below held that, in light of the following: (a) the Defendant and his wife (hereinafter “Defendant husband and wife”) leased the instant apartment building owned by the Plaintiff to raise living expenses, etc. necessary for the common life of the married couple without any income, in addition to the rent for the lease of real estate owned by the Defendant; (b) the Defendant concluded the instant lease agreement with the authority to conclude the lease agreement and receive the deposit for lease; (c) the Defendant was transferred the deposit to the account in the name of the Defendant that the Defendant married for the management of the living expenses; and (d) the Defendant was transferred the deposit to the account in the name of the Defendant that the Defendant married for the management of the living expenses; and (e) the Defendant’s husband and wife used the money mainly for the living expenses, etc.; and (e) the Defendant’s repayment of the deposit for lease is deemed to have been related to the common life of the Defendant couple; and (e) the instant lease agreement constitutes legal act related to the daily living expenses, etc. necessary for the maintenance of the Defendant’s common life.
In light of the aforementioned legal principles and evidence, the lower court did not err in its judgment by misapprehending the legal doctrine regarding legal acts regarding daily home affairs under Article 832 of the Civil Act, or by misapprehending the logical and empirical rules, contrary to what is alleged in the grounds of appeal.
Therefore, the appeal is therefore filed.