2. The defendant shall pay to the plaintiff 1 and 5 million won consolation money, 5% per annum from July 13, 2018 to January 23, 2019, and 15% per annum from the next day to the day of full payment.

3. The plaintiff's remaining claim for consolation money is dismissed.

4. The defendant shall pay to the plaintiff 23 billion won as division of property and 5 million won with 5% interest per annum from the day following the day when this judgment became final and conclusive to the day of complete payment.

5. 1/10 of the costs of lawsuit shall be borne by the Plaintiff, while 9/10 shall be borne by the Defendant, respectively.

6. Paragraph 2 can be provisionally executed.

A. Facts of recognition

(1) The Plaintiff and the Defendant reported marriage on February 24, 1994, and two children.

(2) The Defendant did not fully pay the Plaintiff and their children the cost of living and school expenses, and neglected the Plaintiff’s living expenses at home. The Plaintiff failed to pay the Defendant’s living expenses properly, thereby going to work from around 2003, and appropriated the loan for the cost of living.

(3) The Defendant was employed by the company located in Ulsan, and resided in Ulsan, and the Plaintiff resided with his children in Busan, and the Plaintiff was living with his wife and the Defendant as his wife at the weekend. Even after the Defendant’s retirement for more than one year, the Plaintiff and the Defendant lived separately with the Plaintiff and the Defendant even after his retirement.

(4) On October 2016, the Defendant did not pay the Plaintiff’s living cost, but purchased and operated benz vehicles and Loneex vehicles. The Plaintiff’s speech and knex showed the appearance of the Defendant’s employee at the late time with the frequency Kim 00, a house employee.

(5) The Plaintiff and its children lived in the Busan District District of Busan District owned by the Defendant, and the Defendant entered into a contract to sell the said house on September 10, 2018, and demanded the Plaintiff to send the house to the Plaintiff around October 2018. The Defendant taken out the house located in the said house on October 8, 2018 without any notice to the Plaintiff without notifying the Plaintiff of the defect that the Plaintiff would not leave the house. The Defendant did not inform the Plaintiff of the location of the removal without delivering the removal to the Plaintiff.

[Ground of recognition] Evidence Nos. 1, 2, 5 through 9, Eul evidence No. 1, Eul evidence No. 4, Eul evidence No. 6, Eul evidence No. 9, and all purport of oral argument

B. Determination

(1) Divorce claim: there are reasons under subparagraphs 3 and 6 of Article 840 of the Civil Code.

(2) Claim for consolation money: 10 million won and damages for delay shall be accepted within the limit of 15 million won and damages for delay.

[Grounds for Determination]

① Recognition of the failure of marriage: The above recognized fact and the defendant also agree to divorce, and the fact that the plaintiff and the defendant live separately from around 2011 are living, etc., which are revealed in the arguments in this case, are inconsistent with various circumstances, and the marriage between the plaintiff and the defendant was no longer able to recover.

② Around October 2018, the Defendant: (a) demanded the Plaintiff to deliver a house on the ground that the Plaintiff and the Plaintiff’s children reside in the housing, and the Plaintiff took out all the things without the Plaintiff’s prior notification of the rejection defect; (b) the Defendant, despite being aware that the Plaintiff and their children did not have any house to be directors, and that there was no house to be directors, carried out the said house in fact; and (c) went away from the previous residential area. In light of the Defendant’s behavior and marriage, the details of living expenses that the Defendant paid to the Plaintiff during the marriage period, the vehicle currently operated by the Defendant, the Plaintiff, and the Defendant’s current economic situation, etc., it is recognized that the Defendant did not properly perform the duty to support his/her family while giving priority to his/her own interest during the marriage period, and that he/she lived with the Plaintiff and his/her children without due consideration. Moreover, the Plaintiff and the Defendant were able to suspect the illegal acts of the Defendant and the Defendant. In full view of the foregoing circumstances, it is recognized that the failure occurred due to the marriage.

③ The amount of consolation money: The amount of consolation money to be paid by the Defendant to the Plaintiff shall be determined as KRW 15 million, considering all the various circumstances shown in the pleadings of the instant case, such as the details and degree of responsibility of the marriage, marriage period and the period of separation, the age of the Plaintiff and the Defendant, and the status of property.

C. Sub-committee

The plaintiff and the defendant shall be divorced from the plaintiff, and the defendant shall be liable to pay to the plaintiff the consolation money of KRW 15 million and the damages for delay calculated by the rate of 5% per annum under the Civil Act from July 13, 2018 to January 23, 2019, which is the day following the delivery of the complaint of this case, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

2. Determination as to the claim for division of property

(a) Property and value to be divided: It shall be as stated in the detailed statement of the property to be divided in annexed Form 1;

B. Determination of the parties' assertion: Grounds for recognition of the list of property subject to division in attached Form 1 and attached Form 1

2. The reasons for non-recognition of the list of non-recognitiond properties are as stated in the column.

(c) Ratio and method of division of property;

(1) Division ratio: Plaintiff 45%, Defendant 55%

[Based on the judgment] The apartment subject to division acquired on June 2, 1992 before the marriage by the Defendant, the Plaintiff’s father’s mother supported the Plaintiff’s mother on April 21, 200 with KRW 18 million, and the Plaintiff was engaged in economic activities since around April 21, 200, and the Plaintiff was exclusively in charge of domestic affairs and childcare, and other circumstances, such as the details of the acquisition of active property subject to division and the status of the use thereof, the degree of the Plaintiff’s contribution to the formation and maintenance thereof, the background of the occurrence of income and property, the status of the Plaintiff’s family affairs and the Defendant’s family affairs, occupation, process and period of marriage, and the support elements for division of property, etc.

(2) The method of division of property: considering the name and form of the property subject to division, the process of acquisition, convenience of division, etc., the part that ultimately falls short of the amount to be reverted to the Plaintiff according to the above division ratio shall be paid in cash by the Defendant to the Plaintiff.

(3) Property division amount that the Defendant shall pay to the Plaintiff

[Calculation Form] ① The Plaintiff’s share of net property of the Plaintiff and Defendant according to the division of property

Total net property of the Plaintiff and the Defendant 521, 251, 390 won x 45% = 234, 563, 125 won

② Division of property that the Defendant pays to the Plaintiff

① The amount set forth in the above paragraph is 2.3 billion won and 5.0 million won in a little amount.

D. Sub-committee

The defendant is obligated to pay to the plaintiff 2.3 billion won as division of property and damages for delay calculated by the rate of 5% per annum from the day following the day when this judgment became final and conclusive to the day of full payment.

3. Conclusion

The plaintiff's claim for divorce is justified, and the claim for consolation money is accepted within the extent of the above recognition. The remaining claim for consolation money is dismissed as it is without merit, and the claim for division of property shall be determined as above.