2006u600 Nullity of marriage

Gangwon ○

Yang-○

Seoul Family Court Decision 2005Ra47611 Decided April 12, 2006

August 25, 2006

September 15, 2006

1. The plaintiff's appeal is dismissed.

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

The judgment of the first instance shall be revoked. The judgment between the plaintiff and the defendant shall be revoked. The head of Gangnam-gu Seoul Metropolitan Government on May 9, 2003

The marriage reported by the reporter is invalid.

1. Basic facts

According to Gap evidence No. 1, the plaintiff and the defendant received the marriage report (hereinafter referred to as "the marriage report of this case") from the head of Gangnam-gu Seoul Metropolitan Government on May 9, 2003 between the plaintiff and the defendant, and it can be recognized that the plaintiff and the defendant were married and entered in the family register.

2. Plaintiff’s assertion and judgment thereon

A. The plaintiff's assertion

As the Plaintiff’s parent strongly opposed to the Defendant’s teaching system, the Plaintiff reported the instant marriage to the Plaintiff’s parent by means of demonstration to the Plaintiff’s parent without the Defendant’s intention to marry. As such, the marriage between the Plaintiff and the Defendant based on the instant report of marriage is null and void as it was done without the agreement of marriage between the parties.

B. Determination

Under the Korean legal system that takes the principle of legal divorce established by a marriage report, once a report of marriage has been made through lawful procedures, the marriage shall be presumed to be valid as it is in accordance with the agreement of marriage between the parties, and the person who asserts the nullity of the marriage shall reverse the presumption with sufficient evidence sufficient to understand. (1) In the absence of an agreement of marriage, a report of marriage shall be made by means of demonstration to the parents opposing the marriage.

The plaintiff argues that the plaintiff's father was aware of the fact of the marriage report of this case at around March 2005, and that the plaintiff's mother was aware of the fact of the marriage report of this case. The plaintiff's mother was not aware of the fact of the marriage report of this case. The plaintiff's mother did not know of the fact of the marriage report of this case as the means of demonstration against the plaintiff's parent. ③ Even if the plaintiff reported the marriage for the above purpose, the ultimate purpose of the marriage is also the marriage between the parties. ④ The plaintiff was a person who conducted research and lectures at a graduate school affiliated research institute after completing 27 years of age at a graduate school at the time of the marriage report of this case, and was a person who was at the research institute affiliated with a graduate school after completing 27 years of age at the time of the marriage report of this case, the meaning of the marriage report of this case was sufficiently recognized, and there is no evidence to conclude that the marriage report of this case was made without agreement between the plaintiff and the defendant of this case.

3. Conclusion

Therefore, the plaintiff's claim of this case shall be dismissed as it is without merit, and the judgment of the court of first instance is just in its conclusion, and it is so decided as per Disposition by the plaintiff.

Justices Kim Hong-woo

Judges Presiding Judge

Judges Cho Jin-jin