2017dridand 6982 Confirmation of de facto marital relations

A (Woo 1951 et al.)

Busan

Busan place of service

Prosecutor of Busan District Prosecutor

A person shall be appointed.

November 28, 2017

December 12, 2017

1. It is confirmed that there was a de facto matrimonial relationship between the Plaintiff and the deceased and B (the 1954 birth from North Korea to North Korea on the original domicile) at the time of the death of the deceased.

2. The costs of lawsuit shall be borne by each person;

(The purport of the complaint is the same as that of the order.)

1. Facts of recognition;

A. On August 14, 2015, the net B died of the sea, leaving the sea under the waiting in order to perform shipment operations* (in the waiting in order to perform shipment operations, the sea.

B. The Defendant’s assistant intervenor is a member of the network B.

[Grounds for recognition] Gap evidence Nos. 5 through 10, the purport of the whole pleadings

2. Determination:

De facto marriage refers to a marital relationship between men and women who are not recognized as a legally married couple because they did not make a report of marriage, which is a formal requirement, even though the parties have the intention to marry between themselves and are objectively recognized as a marital life in terms of the social order. Therefore, the mere fact that the parties have a simple marital relationship or a sporadic marital relationship in order to receive protection equivalent to a de facto marriage is insufficient. The parties should have the substance of a marital life to recognize a marital life in terms of the social order and in an objective sense (see, e.g., Supreme Court Decision 94Meu1584, Mar. 28, 1995).

Considering the following circumstances recognized by the statement in Gap evidence 1 through 8 and the purport of the entire pleadings, it is recognized that the marital relationship existed between the plaintiff and the deceased Eul at the time of his death.

The Plaintiff divorced with the former spouse on May 1998, and the deceased divorced with the former spouse on February 27, 2008, and after the deceased’s divorce with the former spouse, the Plaintiff and the deceased were living together with the Plaintiff during the period from before the deceased’s death to the time of the deceased’s death. The Plaintiff and the deceased were purchasing 1/2 shares each in the land located in Gyeong-gun, Gyeong-gun, Gyeong-gun, in order to establish the housing for electric power generation on June 2012. After the deceased’s death, the Plaintiff was in charge of the deceased’s 49 shares. On August 27, 2015, the Plaintiff was in charge of the deceased’s 49 shares, and the Defendant’s auxiliary intervenor and the Plaintiff, who were the children born between the deceased and the former spouse, * and the Plaintiff, together, entered into an agreement regarding the deceased’s death * the agreement with the deceased’s wife’s wife.

3. Conclusion

The plaintiff's claim is justified and accepted.

Judges Park Young-young