2019u21143 Divorce, etc.

A

Section B.

Busan Family Court Decision 2019ddan3529 decided September 20, 2019

September 23, 2020

October 28, 2020

1. Revocation of a judgment of the first instance;

2. On July 29, 2013, the marriage reported to the head of Busan ○○○○ on July 29, 2013 between the Plaintiff and the Defendant confirms that it is void

3. All costs of the lawsuit are borne by the Defendant.

1. Purport of claim

A. The primary purport of the claim

In electively, on July 29, 2013, the marriage reported between the Plaintiff and the Defendant to the head of the Busan ○○○○○○○ on July 29, 2013 is null and void. or on July 29, 2013, the marriage reported to the head of the Busan ○○○○○○○○ on July 29, 2013 is revoked

B. Preliminary purport of claim

The plaintiff and the defendant shall be divorced from the plaintiff. The defendant shall pay to the plaintiff 10 million won as consolation money and 12% interest per annum from the day following the delivery of the complaint of this case to the day of complete payment (the plaintiff added the conjunctive claim in this court).

2. Purport of appeal

The same shall apply to the order.

1. Determination as to the claim for nullity of marriage among the primary claim

A. The plaintiff's assertion

The plaintiff asserts that the marriage reported to the head of Busan ○○ on July 29, 2013 between the plaintiff and the defendant is null and void since the defendant voluntarily prepared the marriage report without agreement between the plaintiff and the defendant.

(b) Fact of recognition;

1) On July 29, 2013, the Plaintiff entered the marriage report between the Plaintiff and the Defendant (hereinafter “instant marriage report”) into the family relation register as the Plaintiff and the Defendant were legally married couple.

2) On November 25, 2009, the Defendant reported a marriage with the Busan District Court’s family branch on 2007, but divorced after the divorce mediation was established. On October 28, 201, the Defendant reported a marriage with no permission and reported a divorce on 2011 (No. 2011 Family Court No. 6712), and the Defendant reported a marriage with the Busan District Court’s family court on 2012, but divorced on 17 July 2013. Meanwhile, the Plaintiff was the first marriage with the Defendant.

3) Although the Defendant asserted that the Plaintiff entered the husband and the parent column in the entries in the instant marriage report, the Plaintiff had written himself/herself. However, as a result of the written appraisal, all the entries in the instant marriage report in the instant marriage report have been cut off by the Defendant.

[Grounds for recognition] 1 to 4 evidence (including each number), the result of the appraisal by the appraiser of this court, the purport of the whole pleadings

C. Determination

1) For the validity of marriage, there should be an agreement between the parties to marry, and whether there exists a mutual agreement between the parties should be determined based on the time of marriage declaration (see Supreme Court Decisions 83Meu28, Dec. 27, 1983; 94Meu1089, Jun. 28, 1996).

2) The following circumstances acknowledged by the above facts are (i) the defendant prepared the marriage report of this case with the plaintiff and the defendant, including the plaintiff's writing on the husband's part and the parent's part in the marriage report of this case, and the plaintiff, the defendant and the witness visited the 00-Gu Office in Busan, and they reported the marriage. However, the defendant's writing on the husband's part in the marriage report of this case is written. (ii) The plaintiff did not deliver the identification card and seal necessary for the marriage report to the defendant, and even if the plaintiff did not do so at the time of the marriage report, it is relatively consistent with the defendant's unilaterally reported the marriage without agreement with the plaintiff. (iii) The defendant did not know that the marriage report of this case was made within 15 days after the plaintiff was introduced from Byung and 20 days after the defendant's report was made at least 30 days after the marriage report of this case, or 20 days after the plaintiff's written answer to divorce of this case and 213 days after the marriage report of this case were made.

D. Sub-committee

Therefore, the marriage reported between the Plaintiff and the Defendant to the head of Busan ○○○ on July 29, 2013 is null and void as it falls under the absence of an agreement between the parties to the marriage. As long as the Plaintiff’s claim for nullity of marriage is accepted, it is not determined separately as to the claim for revocation of marriage, divorce claimed as selective objection, and claim for consolation money as preliminary objection.

2. Conclusion

The Plaintiff’s claim for nullity of marriage in this case shall be accepted on the ground of its reasoning. Since the judgment of the first instance is unfair with different conclusions, the Plaintiff’s appeal is accepted and the judgment of the first instance is revoked, and the Plaintiff’s claim for nullity of marriage

The presiding judge shall be appointed from among the judges;

Judge Muma decoration

Judges Dognaia