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TITLE Seoul Northern District Court Decision 2024Na41282, dated July 10, 2025: Final [full Text]
Summary
[Main Issues and Holdings] In this case, Party A and Party B married and gave birth to Child C, and subsequently, in a divorce lawsuit filed by Party B against Party A, the court issued a preliminary injunction granting Party A only visitation rights. When Party A took Child C without Party B¡¯s consent during a visitation, the court designated Party B as the custodial parent and guardian and issued a judgment ordering Party A to surrender Child C, which became final and binding. Despite Party A¡¯s continuous refusal to surrender the child, when Party B subsequently took Child C, who was in a stroller being pushed by Party A¡¯s mother, Party D and others blocked the path of Party A¡¯s mother and obstructed her passage in the process. In this case, it was held that Party D¡¯s conduct could not be viewed as an unlawful act infringing upon Party A¡¯s legal interests, and it was difficult to find that Party A suffered mental distress warranting compensation in the form of consolation money due to Party D¡¯s conduct.
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