Doctrine of a divorce claim by the responsible spouse

If the withdrawal of an appellee was made by the appellant due to unfair treatment of the appellant, it shall not be considered as a cause attributable to the appellee. Therefore, a claim for divorce by the appellant is groundless.

Article 840 of the Civil Act

Supreme Court Decision 68Meu31 Decided December 9, 1969, Supreme Court Decision 82Meu54 Decided December 28, 1982

Attorney Lee Sang-hee et al.

appellees

Daegu High Court Decision 82Meu11 delivered on September 28, 1982

The appeal is dismissed.

The costs of an appeal shall be borne by the appellant.

The grounds of appeal by the appellant are examined.

According to the reasoning of the judgment of the court below, the court below dismissed the defendant's claim for divorce of this case on the ground that the defendant's withdrawal of the defendant was caused by unfair treatment of the claimant, and that there is no reason to deem that the defendant's failure of marriage has occurred due to the defendant's cause attributable to the defendant. In light of the records, the court below's fact-finding and decision are just and there is no error of law by misunderstanding facts against the rules of evidence or by misunderstanding the legal principles as to the cause of judicial divorce, such as the theory of lawsuit, and all of the arguments are groundless.

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

Justices Shin Jong-young (Presiding Justice)