2015drid 12112 Revocation, etc. of Marriage

(************************))

Busan Address

Busan District Court

Law Firm Doz.

JeonB (*********** 2************))

The plaintiff is the same as the plaintiff.

Busan place of service

Jeonnam of the original domicile

November 27, 2015

December 18, 2015

1. The marriage reported to the head of the Busan Metropolitan Government Shipping Authority on November 28, 2014 between the Plaintiff and the Defendant shall be revoked.

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

The order is as set forth in the text.

1. Facts of recognition;

A. On August 2013, while the Plaintiff was satisfing with the Defendant, the Plaintiff appeared to have been pregnant by the Plaintiff from the Defendant around July 2014. Upon the Defendant’s request, the Plaintiff reported re-Marriage on November 28, 2014 at the request of the Defendant.

B. On February 13, 2015, the Defendant gave birth toCC, and around that time, the Plaintiff reported the birth ofCC to the Plaintiff and the Defendant’s birth.

C. However,CC was not the Plaintiff’s natural father, and according to the results of genetic testing, the Plaintiff andCC did not establish a parental relation.

D. The Defendant recognized thatCC is not the Plaintiff’s natural father.

[Grounds for Recognition: Each entry in Gap evidence 1 to 5 (including branch numbers), and the purport of the whole pleadings]

2. Determination

According to the above facts of recognition, the defendant did not notify the other person of the fact thatCC was born to the sex relationship with the plaintiff, and deceiving the plaintiff, and the plaintiff expressed his/her intention to marry. This constitutes "when the plaintiff declared his/her intention to marry due to fraud, which is the reason for the revocation of marriage under Article 816 subparagraph 3 of the Civil Code."

3. Conclusion

Therefore, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition by admitting it.

Judges Kim Hong-chul