2015u68 Invalidity of Marriage

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Law Firm ○○, Counsel for the defendant-appellant

Attorney Lee In-bok

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Suwon District Court Decision 2014Ra10251 Decided December 18, 2014

September 17, 2015

October 8, 2015

1. The plaintiff's appeal is dismissed.

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

The judgment of the first instance is revoked. The marriage reported to the Mayor on August 22, 2012 between the Plaintiff and the Defendant is confirmed to be null and void.

1. Basic facts

According to the statements in Gap evidence Nos. 1 through 4 (including each number), the defendant filed a report of marriage with the plaintiff and the defendant (hereinafter referred to as "the report of marriage of this case") on August 22, 2012 to the deputy head of the Council, and upon receipt of the report of marriage of this case, it can be recognized that the plaintiff and the defendant were married and registered in the family relation register.

2. The plaintiff's assertion and judgment on this issue

A. The plaintiff's assertion

The Plaintiff unilaterally filed the instant marriage report with the Defendant on August 2012, 201, even though the Plaintiff and the Defendant were merely 4 months from around July 2012 to around November 2012, and did not intend to be confused with each other, on August 2012, the Plaintiff asserted that the Defendant unilaterally filed the instant marriage report with the Defendant, which was written by the Defendant in distress, around August 2012. The Plaintiff asserted that the marriage of the Plaintiff and the Defendant by the instant report of marriage was null and void without agreement of marriage.

B. Determination

1) Under our legal system that takes the principle of legal divorce in which a marriage is established by a report of marriage, in the event that a report of marriage is made through legitimate procedures, the marriage is based on the unity of the marriage between the parties and is presumed to be valid. As such, a person who asserts the nullity of the marriage must reverse the presumption based on sufficient evidence that he/she is able to be able to make himself/herself and be able to make it reasonable. Furthermore, even though the Defendant responded to the Defendant’s assertion that all the Plaintiff’s assertion in this case was recognized, in the case of a lawsuit seeking nullity of marriage, the court should recognize the facts by evidence notwithstanding the Defendant’s confession.

2) The following circumstances revealed throughout the overall purport of the records and arguments of this case

In other words, according to the following facts: (a) The instant marriage report does not seem to have been prepared on the ground of its specific contents, overall form, etc.; and (b) the Defendant did not have been subject to criminal punishment, such as the charge of forging private documents or the charge of false entry into public electronic records, etc. in relation to the instant marriage report; (c) the entries in Gap evidence 6, 7, and Eul evidence 1 alone are insufficient to recognize the Plaintiff’s allegation; and (d) there is no other evidence to prove that the instant marriage report was delayed without the agreement between the Plaintiff and the Defendant. Therefore, the Plaintiff’s assertion is without merit.

3. Conclusion

Therefore, the plaintiff's claim of this case shall be dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed, and it is so decided as per Disposition.

The full completion of judges by judges;

Judges Jeong Young-ia

Judges Kim Byung-man