Where a person was living together for about 20 days after the report of marriage and his/her house remains together, and grounds for divorce;

If the appellant and the respondent were living together for about 20 days after the report of marriage and the respondent had been living together for about 20 days, and the respondent was difficult to scam and did not return to house on the ground that the respondent's health is bad, this constitutes "when the spouse abandons one party in bad faith" under Article 840 subparagraph 2 of the Civil Code.

Article 840 of the Civil Act

Claimant

appellees

Daegu High Court Decision 85Reu171 (No. 13, 1986) and 85 Reu172 (competing Judgment) Decided June 13, 1986

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 court below accepted the claim of this case by the petitioner on the ground that the respondent and the respondent were living together for about 20 days after making a report of marriage under the circumstances stated in its reasoning, and confirmed that the respondent was unable to live together for about 20 days and the respondent did not return to his house on the ground that the respondent's health was bad, and then the above act of the respondent constitutes "when the spouse abandons another spouse in bad faith" under Article 840 subparagraph 2 of the Civil Act.

In addition, regarding the respondent's argument, the defendant's argument that the defendant's weak value and loss of the respondent's armed riot, and the fact that the claimant has suffered a large amount of invasions on ordinary peace due to the lack of the machinery's place of origin is recognized, but there is no other evidence to acknowledge it, and the fact that other allegations are not sufficient to recognize it, and only with the above fact of recognition, the defendant cannot be deemed as being extremely maltreated by the claimant, or a serious reason that it is difficult for the respondent to continue marriage. The plaintiff's appeal of this case is dismissed.

In light of the records, the fact-finding and judgment of the court below are just and acceptable, and there is no error in the misapprehension of legal principles or the rules of evidence as alleged. The arguments are groundless.

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

Justices O Sung-sung (Presiding Justice)