(영문) 서울중앙지방법원 2016.09.27 2015가단213641

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(영문) 서울중앙지방법원 2016.09.27 2015가단213641

혼인무효

Text

1. The Court of Justice of the Republic of Korea No. 10 of the four States Sea State between the plaintiff and the defendant No. 13.

Reasons

1. Basic facts

A. On August 29, 2008, the plaintiff married with the defendant who is the United States of America and completed the marriage report.

B. The Plaintiff filed an application for permanent residency with the Defendant to live together with the Defendant after marriage, but did not obtain permanent residency for the lapse of eight years, and agreed to invalidate the marriage with the Defendant thereafter.

C. Accordingly, the Plaintiff and the Defendant jointly filed a lawsuit seeking confirmation of invalidity of marriage between the Plaintiff and the Defendant in the court indicated in the Disposition 1 (hereinafter “instant case of invalidation of marriage”), and the said court rendered a judgment that the marriage between the Plaintiff and the Defendant is null and void on November 30, 2015.

[Grounds for Recognition: entry of evidence No. 1 and purport of the whole pleadings]

2. In light of the principle of international jurisdiction under the laws and regulations of the Republic of Korea or treaties, the above litigation for nullity of marriage is acknowledged by the court of the United States of America, and it does not violate the good morals and other social order of the Republic of Korea to recognize the validity of the judgment for nullity of marriage of this case in the United States of America, and there is no evidence to acknowledge that the above plaintiff and the defendant did not lawfully summon the parties to the lawsuit in the case for nullity of marriage of this case between the plaintiff and the defendant, and further, the conditions for execution of the judgment in the United States of America are the same as the Republic

3. Accordingly, the judgment of the case of nullity of marriage between the plaintiff and the defendant in the United States of America shall be deemed to be effective and compulsory execution shall be permitted in Korea as it satisfies all the conditions of Article 217 of the Civil Procedure Act. Thus, the plaintiff's claim of this case seeking a judgment of execution on the judgment of nullity of marriage in this case shall be accepted

참조조문

-민사소송법 제217조

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