(영문) 서울남부지방법원 2016.08.25 2015가단212453



1. A share sales contract concluded on November 26, 2014 between the Defendant and C regarding C’s share out of the real estate stated in the separate sheet.


1. Basic facts

A. From around 1979, C jointly operated the real estate listed in the separate sheet (hereinafter “instant real estate”) and D 117 of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant case 117”) with the restaurant E (hereinafter “F restaurant”), and married with G G, a former wife, around June 3, 1981.

B. From 200 to 200, the Plaintiff came to work as an employee at the F cafeteria, and he had an inappropriate relationship with C during that period, and C made a divorce with G on February 19, 2001 and filed a report of marriage with the Plaintiff on May 27, 2002.

C. After marriage, the Plaintiff and C operated the F cafeteria in one week with E couple and used it as living expenses, etc. for their operation. From 2004 when C was diagnosed as Teinson’s disease, C mainly arranged account books, and the Plaintiff operated and managed the overall cafeteria with H’s help before marriage with C, and around 2012, the F cafeteria’s name was changed from C to the Plaintiff.

On November 6, 2014, the Plaintiff and C filed an application for divorce on or around November 6, 2014. Since C did not appear on the date of confirmation of the intention of divorce, the divorce was brought up without any agreement, and around November 20, 2014, C was going to a separate period from November 20, 2014 to now.

E. On November 27, 2014, the registration of ownership transfer (hereinafter “instant registration”) was completed on November 27, 2014 on the ground of the sale and purchase (hereinafter “the instant sales contract”) with respect to C shares among the instant real estate, due to which the Defendant had been married.

F. Ultimately, the Plaintiff filed a divorce and a claim for division of property against C, and C filed a divorce and a claim for consolation money against the Plaintiff on January 13, 2016, the Chuncheon District Court rendered a judgment that accepted each claim for divorce between the Plaintiff and C on January 13, 2016, dismissed each claim for consolation money, and paid KRW 51 million to the Plaintiff by division of property.