□ Broadcast date and time: January 10, 2025 (Fri)
□ Host: Attorney Cho In-seop
* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information.
◇ Lawyer Cho In-seop (hereinafter referred to as Cho In-seop): When you look at a person's life, life is a drama. I don't know how many characters are in the drama and what will happen, but the ending will be a happy ending. <Attorney Cho In-seop's Counseling Office> Today is Real Theater Day, where your story is turned into a drama.
□Female (main character/early 30s): I'm a pregnant woman in my 8th month of pregnancy. I was running a nail shop, but I couldn't work due to severe morning sickness, and I thought I wouldn't be able to work for a while after having a baby, so I ended up closing my business not long ago. My husband runs a gym. I looked up the gym to work out, and I registered at the place my sister recommended, and I met my husband there.
■Male (husband/mid 30s): Member, why do you want to exercise? Oh! I'm asking you because exercise and timing are different depending on the purpose of whether you're about to have a wedding or if you want to take a body profile.
□Female (main character): Aren't we all similar? It's because I want to be slim. I look a little slim, but I'm actually thin and obese.
■M: I don't think so.
□여: Yes? What do you mean... I'm not obese?
■M: No~ I don't look slim at all. Let's take a look at the body composition. Let's get on the scale here.
□Female: I checked the body composition as he led me. How should I say it? Someone will find out the weight that only I knew. It made me feel weird. Anyway, I worked out hard twice a week in the morning according to my husband's exercise routine. But this is really bad. I'll pay for it. It feels like I'm being punished.
■M: Member! I told you before, right? When you apply strength to your muscles, breathe out "Hoo!" and when you relax, breathe in "Hoo!"!
□Yeo: Yes~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
■M: Oh, the smell of alcohol. Did you drink again yesterday? What did you eat? Beer at a chicken dump again?
□여: Hey~ I drank alone at home yesterday. A glass of raw beer in a chicken poop. You don't know this combination, do you? What are you talking about with someone who only eats chicken breasts?
■M: Phew... I can't. Yes! I only eat chicken breasts! So I need to know why you're doing this. Have a drink with me tonight. The chicken poop that you like!
□: I drank beer at a chicken dump at a bar near the gym with this guy that night. No, I also drank soju. But one glass became two and two and three, and when I came to my senses, I said, "Well, I don't know! This is his house, right? This man was lying next to me.
■M: Oh, sir. What happened here is... The member was too sleepy to go for the second round. Anyway, yesterday was yesterday. You have to work out in the morning, right? Aerobic exercise on an empty stomach! Let's go smash the calories! !
□: Since that day, I've given this man, who only knows chicken breasts, a little taste of the world of late-night snacks. Others call it a relationship. Then it was one day. I have a reason why I can't exercise. I have this man's baby inside my stomach. I told him the truth, and after that, the meeting between the two families took place in a hurry. My husband and I decided to get married later and registered our marriage first. And we started living together one day, and I received an e-mail from my sister. The content was a shock itself.
I am sending you an e-mail after much consideration. Are you really going to marry him? Actually, he was seeing me. I was first! Why do you think I recommended that gym to you? I asked you to go because the guy I'm dating is doing it. I met you when you were in a relationship with him. But you know what's funnier? You and I met both, and you met other girls. Even while I'm living with you. Ask yourself if you don't believe me. 》
□: I was so shocked to receive that email. I immediately questioned my husband.
■M: Yes! I met your sister! But I didn't like it, so I met other girls too! Everyone keeps saying we should meet. What should we do? I'm not that naive of a man. Can't you just think of him as having a popular man as your man? Ha, but, your sister is really funny, too. What are you going to do by saying that now? You're the only one for me anyway! Believe me, even for the sake of my baby. Think about the future. Huh?
□Female: My husband was overconfident. It turned out that my sister was jealous of me who was pregnant, so she said this tremendous thing. What should I do? I don't think I can get married like this. Can't we cancel the marriage registration? Do I have to divorce him? My biological sister and my mutual daughter... and can I get alimony from both my husbands? Lawyer! Help!
◇ Jo In-seop: Lawyer Cho In-seop's Counseling Center Let's talk with the main character of today's story.
□Dear lawyer... I'm so nervous and out of breath that I can't talk. How could this happen? Anyone else like me who's been through a crazy drama or something... anyone else?
◇ Jo In-seop: Yes, it must be really hard. My sister was hiding that part in the world, and she was seeing another woman. But this kind of drama sometimes happens. Let's discuss how to solve this situation wisely.
□Yeo: I can't live with him no matter how many babies I have. I registered my marriage, can I cancel it?
◇ Jo In-seop: Even if the wedding is not held due to the completion of the marriage registration, the marriage is protected by our civil law, and the marriage relationship can be resolved through consultation divorce or trial divorce procedures.
□Yeo: Not divorce. Can't I cancel it? I don't like the fact that I married someone like that.
◇ Jo In-seop: I think you had the cancellation of the marriage in mind. Article 816 of the Civil Code stipulates several reasons for cancellation of marriage, and you can consider in particular "when one of the parties at the time of marriage does not know that there are other serious reasons for not being able to continue their marital life." Maliciousness is an example of a serious reason for not being able to continue married life and means incurable psychosis, and the Supreme Court interpreted it strictly, saying that the possibility of pregnancy cannot be considered a malicious or other serious reason for not being able to continue married life under Article 816 No. 2 of the Civil Code (the Supreme Court ruled on February 26, 2015 on 2014 M4734,4741). As long as you have already registered your marriage, it is unlikely that you will be eligible for the cancellation of the marriage just because the other person has been dating her sister or is currently having an affair. You can also consider the third article of the same article, "when you express your intention to marry due to fraud or compulsion." Fraud refers to informing the marriage party of false information for the purpose of making a decision to marry and causing them to make an error in making a decision to marry. At this time, fraud also includes cases of passive notification or silence (February 18, 2016 Sentence 2015M654,661). However, our Supreme Court is a little different from the case, but even if a party or a third party does not notify the childbirth career, it should not be said that it falls under Article 816 No. 3 of the Civil Code, and carefully considers various circumstances to determine whether it falls under the reason for cancellation of marriage. In this case, there are cases in which people seek cancellation of marriage according to the will of the person concerned, requesting a preliminary divorce in court, or requesting a preliminary cancellation of marriage while seeking a divorce in court. In most of these cases, it seems that divorce was rarely accepted in court or the marriage was canceled due to mediation during the litigation process.
□Dear: I was stabbed in the back of my head without knowing anything, but I can't cancel my marriage? So I can get alimony from the woman who cheated on me with my sister and husband, right?
◇ Jo In-seop: Yes, first of all, since you don't want to be married, you can claim damages against your spouse and your partner for divorce at the same time as you claim for divorce. However, it seems to be important whether the Sangan woman knew that her husband already had a spouse. You may need to get help from your sister in this regard, and if you claim damages from both your sister and her sister at the same time, she may be able to provide a substantial amount of evidence. In the case of her sister, she is the closest family member to the person who is the person who is the person who has attended the meeting with the other person, so it is necessary to specify when the other person and the person started dating, when they started living together, when they learned that they were pregnant, and when they reported their marriage, and after that, with the cooperation of the spouse, check the contact and phone call history between the spouse and the sister. In particular, according to the story, her sister was jealous that her sister was pregnant and married to the other woman, so she was on the verge of marriage breakdown when the other person announced that she had an affair with another woman, so if she proves this well, she could claim alimony.
□Yeo: I really have to find out and check every single one of them. By the way, do I have to divorce and claim damages at the same time?
◇ Jo In-seop: No. Not necessarily. Now, there are cases in which they do not seek a divorce, but only claim damages from the merchants, or in some cases, they also claim damages from the merchants at the same time as they divorce. Or, there are cases in which claims for damages against a permanent person are filed separately during divorce. There are differences, but the most important part is that if you proceed with the divorce and the sangan woman lawsuit together, the sangan women will know all the details of the marriage between the couple and the property, so you don't want the sangan women to know much about what happened between us. In that case, it may be better to proceed with the divorce and the commission lawsuit separately.
□여: I'm so sorry for the baby in your stomach. But I'm still going to try until the end.
◇ Cho In-seop: Yes, please come back if you have any questions while preparing. Lawyer Cho In-seop's Counseling Center. We met today's storyteller. This has been Loyer Jo Inseop.
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