연금분할비율별도결정신고미해당결정처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On July 31, 1980, B (C) filed a divorce and a claim for consolation money against the Plaintiff (D) who was in a marital relationship after filing a report of marriage as of July 31, 1980, under the Sungwon District Court Branching 2013Ddan9772. Accordingly, the Plaintiff filed a divorce and a lawsuit for division of property against B as a counterclaim, and the said lawsuit was filed on March 10, 2014 in the process of the said lawsuit.
1. Mediation (hereinafter “instant mediation”) was established with the same content as the description.
B. On April 10, 2017, the Plaintiff reported that the ratio of the Plaintiff’s old age pension division to the Defendant was 100% and that the ratio of the divided pension B was 0% separately determined according to the instant adjustment.
C. On April 12, 2017, the Defendant notified the Plaintiff on April 12, 2017 that the instant protocol does not constitute a separate determination requirement on the division of national pension.
(hereinafter “Disposition in this case”). 【No dispute exists, entry of Gap evidence 1-1, 2-2, and Gap evidence 2, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. According to Article 64-2(1) of the National Pension Act, and Article 839-2 of the Civil Act, among the benefits under the National Pension Act, the old age pension is subject to the division of property at the time of divorce. The Plaintiff, while mediating the instant case with B, voluntarily and finally owns each party’s own property, and the Plaintiff, while paying KRW 150 million in cash to B, agreed not to file a claim for the division of property on the remainder.
Therefore, the Plaintiff’s right to receive old age pension includes the Plaintiff’s property that the Plaintiff would no longer claim for division of property according to the instant adjustment. Thus, even if the divided pension is paid to the spouse of an old age pension beneficiary in principle in equal shares with the beneficiary, such agreement is under Article 64-2(1) of the National Pension Act (hereinafter “instant provision”).