2012drid21920 Divorce

A

B

June 26, 2013

July 17, 2013

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

The plaintiff and the defendant are divorced.

1. Facts of recognition;

A. The plaintiff and the defendant are legally married couple who completed the marriage report on August 26, 1973, and they are between the plaintiff and the defendant.

The young children and children of 1975 have children as their children.

B. The plaintiff takes her family for several years from his/her five-year-year-year-year-year-year-year-year-year-year-year-age marriage.

The Defendant and C had been seriously suspected of committing an unlawful relationship without any particular grounds.

C. On January 2012, the Plaintiff is suspected of having committed an unlawful act with other men outside of the Defendant.

The defendant forced the defendant to force the defendant, and the defendant has collected the house about 14 days after he left the house, and the plaintiff who is the plaintiff

The plaintiff has re-entered together with his/her female living together, and after returning to his/her house, the plaintiff is re-employed at night on the next day after this day.

During the marriage of marital fighting, the defendant was assaulted several times.

D. The Plaintiff, around January 17, 2012, who was around the above time, abused to the Defendant, etc., and at the request of the principal, “a speech”

Whether or not to consent to divorce shall be requested and a written statement shall be prepared, and the defendant shall be 2012.

1. 30. The plaintiff does not see any error after this hour and require a divorce.

I, as soon as possible, request a letter to the effect that I will promptly deliver the divorce documents and writing it.

was sexually received.

E. The defendant's act of violence and pains of the plaintiff, the plaintiff's leakage, the plaintiff's father and the defendant's father and wife, etc.

The plaintiff was determined to be hospitalized in the mental hospital.

F. On February 28, 2012, the Plaintiff’s suspicions, such as assault against the Defendant, verbal abuse, impulse conduct, suspicion, etc.

In other words, the clinical presumption is presumed to be a dynamic disorder, and is hospitalized in a mental hospital and receive treatment. 4 April 2012

17.Released.

G. According to the opinion of the doctor in charge of the above hospital, the plaintiff continuously received medical treatment even after discharge.

Although it is required to do so, the plaintiff was discharged to the defendant without receiving treatment such as taking drugs, etc. after being discharged.

D. The defendant continued to engage in severe verbal abuse, etc., and as a result, on August 7, 2012, the defendant took house again on August 7, 2012

The plaintiff is living in a separate zone and is living separately with the plaintiff until now.

H. On September 11, 2012, the Plaintiff consistently sought divorce with the Defendant by filing the instant lawsuit, and the Plaintiff is consistently seeking divorce with the Defendant;

As to this, the defendant has continued to separate the military register after being treated by the plaintiff, unless the military register symptoms are given.

As we want to do, consolation money and pro rata property in lieu of consent to divorce at the beginning of the family survey during the family survey.

his position that he shall be sufficiently required to obtain a divorce, and later he shall not be able to respond to the divorce;

The death was changed.

[Ground of recognition] Evidence A Nos. 1 through 3, Evidence B No. 1, and investigation report prepared by family affairs investigators, and changes

The purpose of the whole theory.

2. The assertion and judgment

A. The plaintiff's assertion

The plaintiff's unlawful act several times with other males including the plaintiff's fifth degree of Daca C

Abdomination, the act of forcing the plaintiff to be hospitalized into a mental hospital of an Abdomination, etc.

The plaintiff and the defendant alleged that the marital relationship between the plaintiff and the defendant reached a failure to recover as much as it is impossible.

In the meantime, divorce is sought by the instant lawsuit.

B. Determination

1) Determination as to whether there exists a reason under Article 840 subparag. 1 of the Civil Act

The plaintiff's assertion that the defendant committed an unlawful act with the above C or other men

Since there is no evidence to acknowledge it, this part of the Plaintiff’s assertion is without merit.

2) Determination as to whether there exists a reason under Article 840 subparag. 3 of the Civil Act

A spouse who is a reason for divorce under Article 840 (3) of the Civil Code shall be extremely maltreated by the spouse.

“At the time of the marriage” means that one of the parties to the marriage forces the other spouse to continue the marriage relationship.

in the case of assault, abuse, or serious insult to the extent that it is deemed harsh;

In light of the above facts, (see Supreme Court Decision 97Meu612 delivered on February 12, 199, etc.) and the above facts of recognition:

Section 1 and No. 4 (including branch numbers) and only a statement in the investigation report prepared by a family investigator

Defendant is difficult to recognize that the Plaintiff was extremely maltreated with the foregoing treatment, and otherwise

Since there is no evidence to prove this, this part of the plaintiff's assertion is without merit.

3) Determination as to whether there exists a reason under Article 840 subparag. 6 of the Civil Act

"Other important grounds for divorce under Article 840 subparagraph 6 of the Civil Code, which are grounds for divorce," and which are difficult to continue the marriage.

If there is a reason, the term "if there is a reason" means the nature of the marriage that should be based on the patriotic and trust between the couple.

A couple's communal living relationship responding to a couple is no longer able to recover, and a continuing marital life is strong;

The proposal refers to cases where one spouse suffers from an uncomfortable pain, and the determination thereof is made.

In case of marriage, whether the party has the intention to continue the marriage, whether the party has the responsibility for the cause of the failure, and the marital life.

(b) the term of the child, the existence of the child, the age of the party, the livelihood security after the divorce, and other circumstances of the marriage;

and the divorce of a spouse who is mainly responsible for the failure of the marital life.

Claim is not permitted in principle (Supreme Court Decision 2003Meu248 Delivered on May 13, 2003).

see, e.g., see).

First, as to whether the marriage between the plaintiff and the defendant has broken down, the health room and the above.

As such, the plaintiff is seeking a divorce, and the defendant also does not have the plaintiff's symptoms.

In full view of the fact that it is desired to separate from the Gu, and that the period of separate inspection has already been significantly ongoing, the source:

The marriage between the defendant and the defendant has already failed and the recovery of the situation is impossible.

The decision is judged.

However, the plaintiff's assertion that the defendant is responsible for the failure of the above marriage.

The entry of No. 4-1 as shown in the Plaintiff’s assertion by the Health Team and the Plaintiff’s Women’s Women’s Republic of Korea

A as a unilateral statement, it is difficult to believe it as it is in the light of the relationship with the Plaintiff, and No. 1

The plaintiff's status only with the statement of certificate (including number) and the statement of investigation report of family affairs investigators;

The assertion is insufficient to admit, and there is no other evidence to acknowledge it.

Rather, the circumstances revealed by the facts found earlier, i.e., the Plaintiff’s special grounds

Without doubting the defendant's improper acts, the defendant committed such acts as verbal abuse, assault, etc., and the defendant

In order to avoid this, the plaintiff was born differently from the plaintiff, and the plaintiff intends to provide medical treatment for the lost disability disease.

The fact that the defendant filed a lawsuit of this case against the defendant without making efforts is seeking a divorce.

In light of the above, it is deemed that the plaintiff voluntarily caused the failure of the marital relationship between the plaintiff and the defendant.

Therefore, the principal responsibility of the instant marriage is to be borne by the Plaintiff. However, the Defendant’s source is the Plaintiff.

Each purport that he/she would consent to the request for divorce at any time, such as the above recognition.

written form or taking into account the economic difficulties1 during the plaintiff's divorce action

The Defendant actually continued to marry on the sole basis of the fact that he or she considered or changed his or her intention on the father.

A person who, without any intention, has not complied with the plaintiff's claim for divorce due to a clerical error or retaliation;

Since it is difficult to determine otherwise, there is no other evidence to acknowledge this, the plaintiff's claim for divorce is accepted.

shall not be eligible for such approval.

3. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit. It is so ordered as per Disposition.

shall be ruled.

Judges Lee Young-jin

1) According to the investigation report on the preparation of family affairs investigators and the purport of the whole pleadings, the plaintiff holds real estate, such as housing and land, and the 230th of each month.

In contrast, the defendant does not have particular real estate or financial property, while receiving the pension (national pension and veterans' pension) income.

As a caregiver, monthly income is about 80,000 won, and monthly income is about 800,000 won.