2020Dhap20111 (Counterclaim), divorce, etc.

2. Fixedness;

2. The plaintiff (Counterclaim defendant)'s claim of consolation money and the defendant (Counterclaim plaintiff)'s claim of consolation money are dismissed, respectively.

3. Property division:

A. The Defendant (Counterclaim Plaintiff) performed the registration procedure for transfer of ownership on one-half share of the real estate listed in the separate sheet No. 1 to the Plaintiff (Counterclaim Defendant) based on the fixed date of the judgment.

B. The Plaintiff (Counterclaim Defendant) shall:

1) The Defendant (Counterclaim Plaintiff)’s obligation to return the lease deposit against the Defendant (Counterclaim Plaintiff) regarding the real estate listed in the separate sheet No. 1 is exempted from liability;

2) The Defendant (Counterclaim Plaintiff) shall pay KRW 677,000.

4. To designate the Defendant (Counterclaim Plaintiff) as a person with parental authority and custodian of the principal of the case.

5. The plaintiff (Counterclaim defendant) shall pay 1,80,000 won monthly to the defendant (Counterclaim plaintiff) for the child support of the principal of the case from January 15, 2021 to September 8, 2026, and 900,000 won monthly from the next day to October 10, 2031.

6. The plaintiff (Counterclaim defendant) may visit the principal of the case as follows until the principal of the case becomes adult. The defendant (Counterclaim plaintiff) shall actively cooperate with the above visitation, and shall not interfere with this.

(a) Date: 2. From 10:00 a Saturday to 18:00 a.m. of the principal of the case, 2.3 p.m. of the winter vacation, 1.2 p.m. of the winter vacation, 2.m. of the winter vacation, and 1.m. of the snow b.m.;

B. Place and method: The method by which the Plaintiff (Counterclaim Defendant) takes the principal of the case into his residence, and participates in the interview at a place where the Plaintiff (Counterclaim Defendant)’s residence, or the Plaintiff (Counterclaim Defendant) may be responsible, and then re-enters the principal of the case into his residence. The Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) may coordinate and change the interview date, time, place, and method in consultation with each other; give priority to the emotional stability and welfare of the principal of the case; and shall take into account the emotional stability and welfare of the principal of the case and respect the intent of the principal of the case to the maximum extent possible.

7. The costs of lawsuit shall be borne by each person in combination with a principal lawsuit and a counterclaim;

8. Paragraph 5 can be provisionally executed.

Counterclaim: Claim Nos. 1 and 4 of this case and the plaintiff pay to the defendant 30,000,000 won as consolation money and 12% per annum from the day following the day of service of a copy of the counterclaim of this case to the day of complete payment. The plaintiff shall pay to the defendant 1,30,000 won per month each month from the day following the day of service of a copy of the counterclaim of this case as the child support of the principal of this case until the day when the principal of this case becomes adult.

1. Facts of recognition;

A. The plaintiff and the defendant are legally married couple who completed the marriage report on 2007, and have minor principals as their children.

B. On August 2007, the Plaintiff and the Defendant were to work in Seoul after leaving his job, and the Plaintiff and the Defendant were to work in the weekend. The Plaintiff and the Defendant lived together with the instant principal’s disease, but the Defendant returned to Busan as a relative in Busan. The Plaintiff and the Defendant, who were ordered to work in Ulsan around 2009, sought a house in the Defendant’s place of friendship, but the Plaintiff continued to work in the Busan City’s house on the weekend and holidays.

D. On March 201, the Defendant purchased A apartment on March 201. The Defendant continued to live a weekend after the Defendant was pregnant the principal of the instant case, which led the Defendant’s parents to have a director of the same other class as the parent of the same class, and frequently visited the Plaintiff, at the Defendant’s home, by providing meals every day at the Plaintiff’s home.

E. The plaintiff, while living together with the parent of the defendant during the period of marriage, was inconvenienceed due to the plaintiff's death or frequent communication. However, the defendant was unable to have the plaintiff's economic ability and was receiving a lot of assistance from the parent of the defendant, which led to the plaintiff's mind. On the other hand, although the defendant was receiving a lot of assistance from the parent, there was a complaint against the plaintiff who complained only for inconvenience rather than for the plaintiff.

F. Around March 2020, the Defendant sent the Plaintiff a Kakakao Stockholm message stating that the Plaintiff is not a parent, but a parent, who could not have been forced even if he or she was born, or that he or she continued to have received from us.” The Plaintiff sent the Defendant a Kakao Stockholm message stating that he or she was not in the Plaintiff’s house. The Plaintiff sent the Defendant a Kakao Stockholm message stating that he or she was not in the Plaintiff’s house.

G. The plaintiff went to work around March 25, 2020, and the plaintiff and the defendant were living separately from around that time.

H. The Plaintiff filed the instant principal lawsuit on April 6, 2020, and the Defendant filed the instant counterclaim on May 29, 2020.

[Ground of recognition] The written evidence Nos. 1 through 4, Eul Nos. 1 and 7 (each number is included; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the claim for divorce and consolation money

A. A principal lawsuit and counterclaim divorce claim: Each of the grounds under Article 840 subparagraph 6 of the Civil Act exists.

B. Claim of consolation money for the principal lawsuit and counterclaim: None of the grounds therefor.

【Reasons for Determination】

(1) Recognition of the failure of marriage: In addition to the above fact-finding, all the plaintiff and the defendant want a divorce as the principal lawsuit and counterclaim. Since March 25, 2020, they are separate from each other, and they seem unlikely to continue their marriage life in the future due to their loss of trust in each other.

② The primary responsibility for the failure of marriage is both parties, and the degree is equal: the Plaintiff suffers inconvenience while frequently exchanging with the Defendant’s parents, and there was a complaint against the Defendant, which does not take account of the Plaintiff’s mind. On the other hand, the Defendant, despite having provided childcare and economic assistance, was dissatisfied with the Plaintiff who complained of inconvenience and inconvenience. The Plaintiff and the Defendant, rather than making efforts to understand each other through dialogue and overcome conflicts, rather than making efforts to understand the conflict, and demanding the Plaintiff to appear in one’s own position and deepen the conflict. Comprehensively taking account of these circumstances, the responsibility for failure of marriage, along with these circumstances, appears to be equal to the Plaintiff and the Defendant, and the Defendant appears to have been equal.

The Plaintiff asserts that the marriage of this case was broken down on the Defendant’s primary responsibility, such as unfair treatment from the Defendant and the Defendant’s parents, and the Defendant asserts that the marriage of this case was broken down on the Plaintiff’s primary responsibility, such as the Plaintiff’s economic influence, unfair treatment against the Defendant and the Defendant’s lineal ascendant, the Defendant’s full-time childcare burden, the Plaintiff’s unilateral notification of divorce and the Plaintiff’s influence. However, the evidence submitted to the court is insufficient to recognize that the failure of marriage

3. Determination as to the claim for division of property

(a) Details about the formation and maintenance of property;

1) From August 2007, the Plaintiff began to work as a contractual position and is currently in office as a full-time employee. The Plaintiff, as salary, acquired KRW 40,230,494 prior to the year 2016, KRW 50,536,421 prior to the year 2017, KRW 56,935,558, KRW 65,539, and KRW 639,159 prior to the year 2018, respectively, and paid monthly living expenses to the Defendant. The Defendant, while taking full charge of raising the principal of this case and household affairs, reported from the company in which the father of the Defendant actually operated, that the Plaintiff received income of KRW 31,513,210, KRW 33,862,230 prior to the year 2018.

2) On March 201, 201, the Defendant purchased A apartment in KRW 224,00,00,000, and prepared the purchase price for the said apartment with the deposit for lease of the house that had been previously residing, the money borrowed from the Defendant’s mother, etc. The Plaintiff and the Defendant resided in the instant principal and the said apartment before the separation.

3) On June 2016, the Plaintiff and the Defendant purchased real estate listed in the separate sheet No. 1 (hereinafter “the apartment of this case”) in KRW 345,00,000,00, and completed the registration of ownership transfer as to each of the first and second shares on September 2016. On August 30, 2016, the Defendant created a loan for which the right to collateral security was established and the purchase fund was borrowed from the Defendant’s parents. The Plaintiff and the Defendant leased the said apartment of KRW 260,000,000 with the money borrowed from the Defendant’s parents as the purchase price for the apartment.

[Reasons for Recognition] The aforementioned evidence, Gap evidence Nos. 5, 6, Eul evidence Nos. 2 through 4, 9 through 14, and 17, and the purport of the whole pleadings

(b) Property and value to be divided;

1) Property subject to division: Attached Table 2 is as indicated in the “Attachment 2” list of property subject to division (the subject and value of property division shall be determined as of the date of the closing of argument in this case: Provided, That in a case where consumption or concealment is easy as money and where there is a risk of overlapping if the standard point of time differs, it shall be presumed that the marriage has reached the failure as of March 25, 2020, and the subject and value of division shall be determined by presumption that the amount of money exists as of March 25, 2020. However, if the Defendant stated the value of the property by mutual consent with

(ii) the value of the property to be divided;

A) Plaintiff’s net property: 143,225,299 won

B) Defendant’s net property: 225,044,252 won

C) Total amount of net property of the plaintiff and the defendant: KRW 368,269,551. Determination of the parties’ assertion

Attached 2 'The claims and judgments of each party' in the annexed Table 2 'The Statement of Property subject to Division' and the annexed Table 3 'Unauthorized Statement of Property' are as shown in the column.

(d) Ratio and method of division of property;

1) Division ratio of property: Plaintiff 55%, Defendant 45%

[Ground for determination] The degree of contribution of the Plaintiff and the Defendant to the formation and maintenance of the property subject to division as above, and other factors such as the process and period of marital life, income, property, and economic power of the Plaintiff and the Defendant.

2) The method of division of property: In consideration of the parties' intentions, the ownership title of the property subject to division, the process of acquisition and maintenance, the status of use, and the intention of the plaintiff and the defendant, the defendant shall implement the registration procedure for ownership transfer based on the division of property as to the 1/2 portion of the apartment of this case among the apartment of this case to the plaintiff, and the plaintiff shall be exempted from the obligation to return the lease deposit owed by the defendant, and the remaining property subject to division shall be reverted to the defendant according to the above division ratio, and the plaintiff shall pay the money to the defendant.

3) Property division amount to be paid by the Plaintiff to the Defendant: 677,000 won

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

The sum of net property 368,269,551 = 45% = 165,721,297 won (turf less than KRW 165,721,297) ② The Defendant transferred 1/2 shares of the instant apartment to the Plaintiff; the Plaintiff acquired the Defendant’s obligation to return the lease deposit from the Defendant with respect to the said real property; and

165,04,252 = Defendant’s net property of KRW 225,04,252 - Of the instant apartments, KRW 190,00,000 of equity in 1/2 of the instant apartments + Defendant’s obligation to return the lease deposit for the said immovables 130,000,000.

③ 67,045 won (=165,721,297 won - 165,044,2529) obtained by deducting the amount under the above paragraph (2) from the amount under the above paragraph (1)

④ Division of property that the Plaintiff pays to the Defendant

③ 677,000 won which deducts a little amount of the above paragraph.

E. Sub-committee

Therefore, as a result of division of property, the Defendant is obligated to perform the registration procedure for transfer of ownership on one-half portion of the instant apartment with respect to one-half share on the grounds of division of property within the fixed date of this judgment, and the Plaintiff is obligated to accept from the Defendant the Defendant the Defendant’s obligation to return the lease deposit for the instant apartment and pay KRW 67

4. Determination as to the designation of a person with parental authority or a custodian, child support, and visitation right (ex officio)

A. In full view of all the circumstances revealed in the arguments of the instant case including the Plaintiff and the Defendant’s reason for the designation of a person with parental authority and the custodian, the marital life and distress of the Plaintiff and the Defendant, the friendly density with the principal of the instant case, the age of the principal of the instant case, the custody status up to now, and the intention

(b) Child support;

1) Occurrence of obligation to pay child support

The plaintiff, as his father, is responsible for fostering the principal of the case together with the defendant, is obligated to pay the child support to the defendant of the principal of the case.

2) Amount of child support to be paid by the Plaintiff

The plaintiff shall pay to the defendant a monthly amount of KRW 900,000 per head of the case from the day following the date of this judgment to the day before the principal of the case reaches each adult age as of the last day of each month. [Based on calculation] The plaintiff shall take into account the age and custody status of the principal of the case, the age, occupation and income, property and livelihood of the plaintiff and the defendant

C. The visitation right Plaintiff, as a non-cushion-child, has the visitation right with the principal of the case, unless it is contrary to the welfare of the principal of the case. Thus, the visitation right is determined as stated in Paragraph (6) of the Disposition, taking into account all circumstances revealed in the arguments of the case, such as the age, parenting status

5. Conclusion

Therefore, the plaintiff's claim of divorce and the defendant's counterclaim divorce claim are accepted for each reason, and the plaintiff's claim of consolation money and the defendant's counterclaim consolation money are dismissed for each reason. It is decided as to division of property, designation of person with parental authority and custody, child support, and visitation right as above. It is decided as per Disposition.

Judges Mobileho

Judges or Jae-young

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.