2019ddern209198 Confirmation, etc. of Nullity of Marriage

A

Section B.

December 6, 2019

January 10, 2020

1. On August 10, 2018, the marriage reported to the head of the Busan Metropolitan City ○○○○○○ on August 10, 2018 between the Plaintiff and the Defendant ought to be confirmed

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

○ The primary claim: Section 1

○ Preliminary Claim: The plaintiff and the defendant are divorced.

1. Facts of recognition;

A. From March 2018, the Plaintiff and the Defendant lived with each other around that time.

B. Around June 2018, Defendant was confined to △△△ detention center, and later was transferred to a correctional institution. The Plaintiff prepared the married documents with the Defendant’s identification card, which had been living together, and completed the marriage report by receiving the said documents to the Busan ○○ Office on August 10, 2018. D. The Plaintiff did not visit the Defendant any longer after the marriage report, and the Defendant filed the instant lawsuit on July 18, 2019 when the Defendant was dismissed.

[Grounds for recognition] Each entry in Gap evidence 1 and 2 (including branch numbers for those with serial numbers), the purport of the whole pleading

2. Determination as to the plaintiff's primary claim

A. Article 815 subparagraph 1 of the Civil Act provides that "when there is no agreement between the parties to a marriage," it means "when there is no agreement between the parties to a marriage" as a ground for nullity of marriage, "an agreement between the parties to a marriage" means "an agreement between the parties to engage in mental or physical combination which is recognized as a marital relationship, and an agreement between the parties to establish a valid marriage.

B. Regarding the instant case, the Plaintiff and the Defendant were able to take place in △△ detention center only for three months and the Plaintiff’s restriction area, and the Defendant prepared and received the Plaintiff’s marriage report only for two months and two months after the completion of the marriage report, and thereafter there was no exchange between the Plaintiff and the Defendant. In light of these circumstances, there was credibility in the Plaintiff’s assertion that: (a) the Plaintiff believed the Defendant’s horse that might be considered in sentencing, and reported the marriage only for the purpose of aiding the Defendant; (b) there was no notification or discussion about the Plaintiff’s family members before and after the marriage report; and (c) the Plaintiff filed the instant lawsuit on July 18, 2019, the Plaintiff did not have reached a mutual agreement between the Plaintiff and the Defendant’s head of the Si/Gun/Gu with the Plaintiff’s mental and physical interests, and thus, (d) it is reasonable to deem that the Plaintiff and the Defendant reported the marriage to the Plaintiff 1 and the Defendant’s head of the Si/Gun/Gu as null and void without physical interests.

3. Conclusion

Therefore, as long as the plaintiff's main claim is accepted as reasonable and the main claim is accepted, it is not judged as to the preliminary claim.

Judges Jeong-il