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(영문) 서울고등법원 2019.10.16 2019누36713

분할연금 부지급 통보처분 취소 청구

Text

1. Revocation of the first instance judgment.

2. On July 23, 2018, the Defendant notified the Plaintiff of the share of the divided pension site.

Reasons

1. Details of the disposition;

A. On October 12, 198, the Plaintiff (B) filed a lawsuit seeking divorce and division of property (hereinafter “instant divorce lawsuit”) with the Incheon Family Court’s 2017ddan11239 against the Defendant’s Intervenor C (a spouse who was married as a public official, while serving as D and public official, retired on June 30, 1996, and received a public official pension from July 1996; hereinafter “ Intervenor”).

B. On May 17, 2018, the Plaintiff and the Intervenor constituted conciliation as follows (hereinafter “instant conciliation”) in the instant divorce lawsuit.

1. The plaintiff and the intervenor are divorced.

2. The Plaintiff shall pay to the intervenors a sum of KRW 110 million by the reason of division of property until May 31, 2018.

3. The intervenor received the money specified in Paragraph 2 from the plaintiff, and at the same time, refers to the "F apartment and G apartment" jointly owned by the plaintiff and the intervenor to the plaintiff.

(hereinafter “instant apartment” refers to the registration procedure for transfer of ownership based on the division of property with respect to one-half shares in the intervenor’s title among the following:

4. After receiving the money stated in paragraph (2) from the plaintiff, the intervenor shall immediately repay to E the secured debt of 10 million won for the secured debt of the right to collateral security established with the intervenor as the debtor on the apartment of this case and cancel the right to collateral security.

5. The intervenor shall leave the apartment of this case within 30 days from the date on which he received the money specified in Paragraph 2 from the plaintiff.

6. Except as provided above, the plaintiff and the intervenor shall not claim all property, such as consolation money and division of property, etc. due to the divorce of this case against the other party in the future.

7. The costs of lawsuit and the costs of mediation shall be borne respectively;

C. Based on Article 46-3 of the former Public Officials Pension Act (wholly amended by Act No. 15523, Mar. 20, 2018; hereinafter “former Public Officials Pension Act”), the Plaintiff is the Defendant on July 18, 2018.