2013Meu1875, divorce, division of property, etc.

A person shall be appointed.

A person shall be appointed.

Seoul High Court Decision 201223449 Decided April 12, 2013

September 12, 2013

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

The Plaintiff asserted that, on the grounds of the instant divorce claim, the Defendant committed an unlawful act, abandoned the Plaintiff in bad faith, and that there was a serious reason for making it difficult to continue the marriage due to the failure of marriage. Accordingly, the lower court affirmed the first instance judgment dismissing both the Plaintiff’s claim for divorce and the claim for division of property premised on divorce and divorce on the Plaintiff’s claim for divorce, on the grounds that there is insufficient evidence to acknowledge the Plaintiff’s allegation.

The Plaintiff’s allegation in the grounds of appeal is ultimately purported that the lower court erred by misapprehending the facts against the rules of evidence. However, the recognition of facts and the preparation and selection of evidence, which forms the basis thereof, belong to the exclusive jurisdiction of the lower court as a fact-finding court, unless an unlawful ground is recognized, such as that it exceeded the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules. The lower court’s determination does not seem to have any error by examining all the evidence, etc. submitted to the lower court. Furthermore, even if a marital failure occurred during the original deliberation, the part of the lower court that determined that the Defendant cannot be deemed to have provided a cause for the same degree as the principal cause or the same cannot be deemed to

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Chang-suk

Justices Yang Chang-soo

Chief Justice Park Poe-dae

Justices Go Young-young