2020ddan202001 Invalidity of Marriage

A

Section B.

Current unknown whereabouts;

The last address is as shown in the plaintiff.

Nationality Vietnam

May 12, 2020

May 26, 2020

1. The plaintiff's primary claim and the first preliminary claim are dismissed, respectively. 2. The plaintiff and the defendant are divorced. 3. The costs of the lawsuit are borne by the defendant.

On June 21, 2019 between the plaintiff and the defendant, the division of the People's Committee of Vietnam ○○○○ on June 21, 201

The chairperson shall prepare a certificate of mixed-certification with the chairperson, and on July 24, 2019, a certified copy of the certificate shall be delivered to the head of the Busan △△△△.

I confirm that the marriage in this case (hereinafter referred to as "Marriage in this case") is null and void. At the first preliminary, this is the first preliminary,

The marriage of this case is revoked. It is preliminaryly ordered as set forth in Section 2 of this Disposition.

1. Applicable law;

Korean Civil Act (Articles 37 and 39 of the Private International Act)

2. Facts of recognition;

A. On July 24, 2019, the Plaintiff: (a) placed the Defendant on the introduction of the International Marriage Brokers; (b) placed the marriage ceremony in Vietnam on June 21, 2019; and (c) got married on July 24, 2019.

B. Defendant entered the Republic of Korea in September 2019, refused marital relations during the period of marriage, did not even appear to have an effort to adapt to Korean life. The Defendant left Vietnam in December 2019 and entered the airport in January 2020, but did not have any contact until now since he went into the airport with his clothes. [Grounds for recognition] 1 to 4 (including household numbers) and the entire purport of arguments and arguments.

3. Judgment on the main claim

A. The plaintiff asserted that the marriage in this case was null and void since the marriage in this case was reported for the purpose of employment by pretending to enter into a marriage without the intention of marriage, and thus, it constitutes a case where there is no agreement between the parties to enter into a marriage, and thus, the plaintiff asserts that the marriage in this case is null and void. (b) On the other hand, under our legal system taking the principle of legal divorce that is formed by the marriage report, once the marriage report was made through legitimate procedures, the marriage shall be presumed to be valid as it is in accordance with the agreement between the parties, and thus the marriage shall be presumed to be valid. Thus, the plaintiff's assertion that the marriage in this case is null and void should be presumed to be based on sufficient evidence that can be accepted by anyone. Considering the evidence submitted by the plaintiff, it is insufficient to conclude that there was no agreement between the plaintiff and the defendant at the time of the report of marriage in this case, and there is no other evidence to

The plaintiff asserted that the defendant belongs to the plaintiff in this case as he would be employed in the Republic of Korea, and thus, he sought revocation of the marriage pursuant to Article 816 subparagraph 3 of the Civil Code. However, the evidence submitted by the plaintiff alone is insufficient to recognize it, and there is no other evidence to acknowledge it, the above argument cannot be accepted. The judgment on the claim for preliminary claim No. 2 of May 1, 200 cannot be accepted.

A. The facts of recognition of Article 840 subparag. 2 and 6 of the Civil Act are as stated earlier in the grounds for divorce by trial (Article 840 subparag. 2 and 6 of the Civil Act).

(b) Article 12 of the Family Litigation Act, Article 208(3)3 of the Civil Procedure Act by means of a service by public notice.

6. Conclusion

Therefore, the plaintiff's main claim and the first preliminary claim are dismissed as they are without merit, and since the second preliminary claim are well-grounded, they are accepted and they are so decided as per Disposition.

Judges already appointed