2. The plaintiff's claim for consolation money against the defendant is dismissed.

3. Litigation costs shall be borne by the Plaintiff.

A. The Plaintiff and the Defendant completed the marriage report on February 17, 2014, and on November 24, 2016, the agreement was married.

B. During the process of divorce between the Plaintiff and the Defendant, a written agreement on division of property (hereinafter referred to as “instant agreement”) was prepared, and the principal contents are as follows.

also

C. On November 16, 2016, the Plaintiff entered into a mortgage agreement with the Plaintiff, the debtor, and the person who created the right to collateral security regarding the instant apartment as well as the creation of the right to collateral security at KRW 70,00,000, with the maximum debt amount of KRW 70,000 with respect to the instant apartment, and the establishment of a mortgage was completed regarding the instant apartment in accordance with the said mortgage agreement.

D. Since then, the Plaintiff filed an application for voluntary auction on the apartment of this case, and received dividends of KRW 45,680,117 in the above auction procedure.

[Ground of recognition] Unstrifed Facts, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 and 2 (including each number), the purport of the whole pleadings

2. Determination.

A. The plaintiff's assertion

The Plaintiff asserts to the purport that: (a) at the time of the divorce between the Plaintiff and the Defendant, the ownership of the instant apartment as a division of property at the time of the divorce between the Plaintiff and the Defendant, with the Defendant’s possession of KRW 70,00,000, and accordingly, the Defendant paid KRW 70,000,00 to the Plaintiff as a division of property; (b) the Plaintiff and the Defendant’s marital relationship were neglected to pay to the Plaintiff as a result of the division of property; and (c) the Plaintiff and the Defendant’s marital relationship were neglected to the Plaintiff’s household due to frequent drinking; (d) the Plaintiff did not make efforts to recover marital relationship; and (e) the Defendant was obliged to pay the Plaintiff KRW 30,00,00 as consolation money to the Plaintiff.

B. Determination

1) Determination on the claim for division of property

A) A family court’s judgment on division of property at the request of a divorce party is limited to a case where there is no agreement between the parties on the division of property or where it is impossible to reach an agreement on the division of property (Article 839-2(2) of the Civil Act). If an agreement on division of property has already been reached between the parties on the division of property, there is no benefit in the claim even if a claim for division of property has been made by one of the parties (see Supreme Court Decision 93Meu409 delivered on December 28, 1993, etc.).

B) According to the facts of recognition as to the instant case, it is reasonable to view that the content of the instant agreement had an agreement on the division of property on the condition of divorce between the Plaintiff and the Defendant. Since the agreement between the Plaintiff and the Defendant was concluded after the divorce, it shall be deemed that the fulfillment of the conditions became effective due to the fulfillment of the agreement, the Plaintiff’s claim for division of property against the Defendant’s is unlawful as

2) Determination on the claim for consolation money

On the other hand, the evidence presented by the plaintiff alone is insufficient to recognize that the defendant's liability exists as alleged by the plaintiff, or that the marriage between the plaintiff and the defendant has reached the failure due to such a cause of liability, and there is no other evidence to recognize it. Therefore, this part of the plaintiff's assertion is without merit

3. Conclusion

Therefore, the part of the Plaintiff’s claim for division of property against the Defendant is unlawful and dismissed, and the above part of the claim is dismissed as it is without merit. It is so decided as per Disposition.