1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff and the deceased C (hereinafter “the Deceased”) are legally married couple who completed the marriage report on August 6, 1993, and have two children.

B. On March 2018, the Deceased was found to be a dead body on September 22, 2019 while coming from around March 201 and coming separately from the Plaintiff.

At the time, the defendant was in a relationship with the deceased, and the moving-in report was made on April 22, 2019.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings

2. The Plaintiff asserted and determined damages based on the tort on the ground that the Defendant committed an unlawful act against the Deceased or before and after the lapse of June 2017. As to this, the Defendant knew of the deceased and his members of the same Dongsan-dong Society from half of half of June 2016, the marriage relationship between the deceased and the Plaintiff was broken down, and thus, it did not constitute an unlawful act against the Plaintiff, since the Defendant knew of the deceased and his members of the same Dongsan-dong Society from half of half of August 2016.

The argument is asserted.

A third party shall not interfere with a married couple’s communal living falling under the essence of marriage by interfering with a married couple’s communal living by causing a failure of the married couple’s communal living by participating in another person’s marital life. A third party’s act of infringing on or interfering with a married couple’s communal living falling under the essence of marriage by committing an unlawful act with one of the married couple, and infringing on the spouse’s right as the spouse, thereby causing mental distress to the spouse, in principle, constitutes tort (see Supreme Court Decision 2011Meu 297, Nov. 20, 2014, etc.). However, in cases where a married couple’s communal living substantially goes bankrupt due to a cause such as long-term separation of the married couple, etc., and the substance of the married couple’s communal living falling under the essence of marriage reaches an objective degree of recovery, the married

shall not be deemed to exist.

Therefore, although the couple did not divorce yet, the couple's common life is substantially common life.