분할연금등 청구 승인 결정 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from participation.
Details of the disposition
Plaintiff
(A) On November 20, 2007, the Plaintiff filed a lawsuit seeking divorce and division of property against the Intervenor on March 28, 2017 (hereinafter “instant divorce lawsuit”). The Intervenor filed a counterclaim against the Plaintiff seeking divorce and division of property against the Intervenor on November 28, 2017.
On November 16, 2018, a judgment was rendered (the main lawsuit of Daejeon Family Court 2017 Down 51449 (the main lawsuit of Daejeon Family Court), 52107 Down 52107 (Counterclaim)) and became final and conclusive on December 5, 2018.
1. The plaintiff and the intervenor are divorced by the principal lawsuit.
(Ba)
3. The intervenor's counterclaim divorce and the claim for consolation money, and the plaintiff's remaining claim for consolation money are dismissed, respectively.
(Ba)
7. The plaintiff shall pay to the intervenor 120,000,000 won for the division of property and 5% interest per annum from the day following the day this judgment became final and conclusive to the day of full payment on which the plaintiff shall pay to the intervenor 8. The costs of lawsuit shall be borne by both the principal lawsuit and the counterclaim.
On February 25, 2019, the intervenor requested the defendant to make a lump-sum payment of the divided pension under Articles 45, 48, and 49 of the Public Officials Pension Act.
On March 20, 2019, the Defendant rendered a decision to approve the Intervenor’s prior demand for the payment of the divided pension in lump sum (hereinafter “instant disposition”), and notified the Plaintiff of the decision.
[Reasons for Recognition] The term of marriage (the person entitled to receive a divided pension, etc.) Article 45 of the Public Officials Pension Act (the Public Officials Pension Act, etc.) refers to the period of marriage (the period of marriage of a person who is a public official, excluding the period in which a substantial marital relationship has not existed due to reasons such as separation and separation as the period of marriage) during which he/she was a public official.
If a person who has served for at least five years meets all of the following requirements, he/she shall be a person who has served as his/her spouse during his/her lifetime from that time: