혼인관계가 이혼으로 해소된 후에 혼인관계의 무효 확인을 구할 수 있는지의 여부 - 대법원 2024. 5. 23. 선고 2020므15896 전원합의체 판결

• 영문명: Whether or Not It is Possible to Seek Confirmation of Invalidity of a Marriage after the Marriage is Dissolved by Divorce : Supreme Court 2024. 5. 23. Decision of the full bench 2020Mu15896
• 발행기관: 한국가족법학회
• 저자명: 신봉근(Bong Geun Shin)
• 간행물 정보: 『가족법연구』第39卷 1號, 261~290쪽, 전체 30쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2025.03.31

국문 초록

In the Supreme Court’s sentence of May 23, 2024, 2020Mu15896, the issue was whether there was a benefit of confirmation to seek confirmation of invalidity of a marriage relationship that existed for a certain period of time even after the marriage was resolved through divorce. In general, legal relations in the past cannot be subject to a lawsuit for confirmation, but it was considered that the benefit of confirmation was exceptionally recognized when it became the premise of a current or potential dispute between interested parties and could be an effective or appropriate means to resolve disputes related to the confirmation of the past legal relationship itself at once. The reasons for the judgment are as follows. ① An invalid marriage and divorce have different legal effects. ② The Domestic Litigation Act provides for a method of filing a lawsuit to confirm the invalidity of a marriage relationship when either of the couples dies and the marriage relationship is resolved. ③ The benefit of confirmation is recognized in a lawsuit for confirmation of invalidity of adoption filed after the parent-child relationship was resolved due to the disagreement. ④ In order to secure objective evidence to request correction of the family relation register, it is necessary to file a lawsuit to confirm the invalidity of the marriage relationship. ⑤ In terms of protecting the rights and interests of the people, the court should actively accept the interests of confirmation as much as possible.

목차

Ⅰ. 서 론

Ⅱ. 사실관계 및 판결

Ⅲ. 법률관계 및 논점

Ⅳ. 판례의 검토

Ⅴ. 결 론

키워드

혼인의 무효 확인의 이익 가사소송법 입양의 무효 가족관계등록부 Invalidity of Marriage Benefit of Confirmation Domestic Litigation Law Invalidity of Adoption Family Relations Register