2017ddan210989 (Counterclaim) Divorce, etc.

2. Address;

Busan District Court

Attorney Lee Do-young

Subagent of lawsuit

Busan Address

Place of service

Reference domicile

Attorney Lee Do-young

2. Address;

Reference domicile

2. B

Address

Reference domicile

2. Defendant (Counterclaim Defendant): (a) KRW 20 million as consolation money to Plaintiff (Counterclaim Defendant) and its corresponding amount, August 2016. < Amended by Act No. 14350, Aug. 8, 2016>

25. Payment of 5% interest per annum from December 20, 2017 to 15% interest per annum from the next day to the day of full payment.

3. The plaintiff (Counterclaim defendant)'s remaining principal claim of consolation money and the plaintiff (Counterclaim plaintiff)'s counterclaim divorce and consolation money's claim are dismissed, respectively.

4. Property division:

A. The Plaintiff (Counterclaim Defendant) performed the registration procedure for transfer of ownership on one-half shares of the real estate listed in the separate sheet to the Defendant (Counterclaim Plaintiff) based on the division of property on the basis of the fixed date of the judgment. B. The Defendant (Counterclaim Plaintiff) filed with the Busan District Court’s Dong Branch on the real estate listed in the separate sheet.

* On August 2015, *, received* KRW 180,00,00,000 for lease on a deposit basis, the entire building with the scope of KRW 180,00,00 for lease on a deposit basis, the entire term of the building* from January 2, 2015 to January 1, 2016* until June 1, 2016* Person Having chonsegwon* Person having chonsegwon exempted from obligation to return lease on a deposit basis of chonsegwon for a corporation;

C. Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) 9 million won with 5% interest per annum from the day following the day this judgment became final and conclusive to the day of complete payment.

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

6. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 750,00 per capita a month from December 1, 2017 to the end of each month the principal of the instant case reaches each adult age from December 1, 2017 to the day before the principal of the instant case reaches each adult age.

7. The Defendant (Counterclaim Plaintiff) may interview the principal of the case as follows until the principal of the case becomes an adult.

(a) From the date this judgment was rendered to February 28, 2019: Second week each month, fourth Saturday from 00 to 18:00 each month, and fourth day from March 1, 2019 to the date when the principal of the case becomes an adult: from March 1, 2019 to the date when the principal of the case becomes an adult: 11:0 each month, fourth Saturday from 00 to 17:0 each following day (one day 2 days).

(b) Place: A place designated by the Defendant (Counterclaim Plaintiff);

C. From the pronouncement of this judgment to February 28, 2019: (a) the method by which the Defendant (Counterclaim Plaintiff) (Counterclaim Plaintiff) takes the principal of the case into his residence and participates in the interview in an appropriate way, and then takes the case into his residence from March 1, 2019 to the day the principal of the case becomes an adult: (b) the Plaintiff (Counterclaim Defendant) takes the principal of the case into his residence; (c) the Plaintiff (Counterclaim Plaintiff) takes the principal of the case into his residence; and (d) the Defendant (Counterclaim Plaintiff) takes the visitation into his residence upon the completion of the visitation right.

D. The Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) may change the schedule, place, and method of the visitation right by prior consultation.

E. The Plaintiff (Counterclaim Defendant) shall cooperate with the Defendant (Counterclaim Plaintiff) so that the visitation right can be achieved smoothly, and shall not interfere with this.

8. The total cost of the lawsuit shall be borne individually by each party.

9.Paragraphs 2 and 6 may be provisionally executed.

[1] Paragraphs (1) and (5) of this paragraph and the Defendant (hereinafter “Defendant”) are the Plaintiff (Counterclaim Defendant, hereinafter “Defendant”)

From 10 to 200,000 won as consolation money and the service of the complaint of this case to the plaintiff (hereinafter "the plaintiff")

The interest rate of 15% per annum from the date of full payment to the date of full payment shall be paid, and the property division shall be attached Form.

ownership of 1/2 shares of the real estate recorded in the record on the basis of division of property at the fixed date of this judgment

The defendant implemented the procedure for the registration of transfer of authority. From August 1, 2016, the defendant paid the child support for the principal of the case to the plaintiff.

By the end of each month the principal of the case shall pay 600,000 won per capita a month until the principal of the case becomes an adult.

(d).

[Counterclaim]

The plaintiff is divorced by counterclaim and the defendant. The plaintiff is a consolation money of KRW 10 million to the defendant and the defendant.

5% per annum from the day after the service of the counterclaim of this case until the day of the pronouncement of this judgment and the next day.

C. Payment of 15% interest per annum until the date of full payment is made to the Defendant. The Plaintiff’s pro rata property portion to the Defendant.

(C) implement the procedures for the registration of ownership transfer with respect to 1/2 shares of the real estate listed in the Schedule;

194, 665, 403 won and 5% per annum from the day following the day this judgment becomes final and conclusive to the day of full payment.

The defendant shall pay the money calculated by the rate of interest, and the defendant shall accept the plaintiff's obligation to return the deposit money on the real estate

A. A person with parental authority and a custodian of the principal of this case shall be designated as the defendant. The plaintiff shall be the defendant.

to July 27, 2030,000 won per month from the day after delivery of the counterclaim of this case as child support to July 27, 2030,

From the end of the month to March 19, 203, the amount of KRW 500,000 per month shall be paid at the end of each month.

A. Facts of recognition (1) The plaintiff and the defendant living together with their marriage around 2010, and reported their marriage around 2010, and they were children of the case principals.

(2) The Plaintiff and the Defendant frequently discussed the case during the marriage period, and the Defendant was often engaged in sexually violent behavior against the Plaintiff or the person around the Plaintiff (the substitute driver, the Plaintiff’s parents, etc.). The Defendant, on the ground that the Plaintiff, while moving the horse at the end of 2013, caused the Plaintiff to have his/her fingerd and damaged his/her losses. The Defendant, along with the Plaintiff and the instant principal, took the front of the vehicle while getting on and off the vehicle with his/her vehicle, was shicked with his/her string and her glass around July 2016, and caused the Plaintiff to be faced with the wall by cutting the Plaintiff’s trees.

(3) After Niting the instant case with the Defendant, the Plaintiff: (a) laid the parent’s house in the instant case; (b) laid the Plaintiff’s mother Kim* directly, and (c) taken the Plaintiff and the instant principal into account; and (d) 2016.

7. After a minor violent incident occurred, the Plaintiff took the principal of the case and left his parents as his house, and was living separately with the Defendant.

(4) Around 03:0, the Defendant came to know the principal of the case where the Plaintiff’s parent was divingd to find the home of the Plaintiff’s parent around 03:0,000, and the Plaintiff’s father and the Plaintiff’s parent were in a big disturbance while suppressing the Defendant, and the police sent out upon the Plaintiff’s report.

(6) On August 2016, the Defendant brought the instant principal’s custody problems before the hospital where the instant principal B was treated by duplicating the snow, Kim* over the instant principal’s custody problems, Kim * Kim * Kim * * * by cutting down the fat, cutting off the fat, and cutting off the disturbance, and flading Kim * this police.

(7) Since August 2016, the Defendant returned to the police by finding the Plaintiff’s residence several times after the Plaintiff did not contact the principal of the case. Kim * * The Plaintiff and the Defendant found the Defendant, accumulated the Belgium or opened the door, and reported it to the police.

(8) The Defendant removed the number plate of 00 cars around October 2016 on the ground that it was not continuing to board a 00-car purchased with the Defendant’s money, even though it was called that it was the Defendant’s horse.

[Ground of recognition] Evidence Nos. 1 through 8, Evidence No. 15, and investigation report or video, family affairs investigator's investigation report, and whole purport of pleading

B. According to the above facts, the failure of marriage between the Plaintiff and the Defendant is recognized: (i) the failure of marriage is recognized; (ii) the Plaintiff and the Defendant’s marital relationship have a tendency to be expressed by violent means without appropriately regulating their labor, and the Plaintiff avoided the issue when there is a dispute with the Defendant; and (iii) this situation has been repeated during the marriage period; and (iv) the conflict between the Plaintiff and the Defendant has been deepened. From July 2016, the Plaintiff did not make efforts to recover the marriage between the Plaintiff and the Defendant; (iii) the Plaintiff and the Defendant did not make efforts to resolve the marriage with the Defendant, and (iv) it is difficult to recognize that the Plaintiff’s marital relationship has reached an excessive tendency to depend on the Plaintiff, rather than the Plaintiff’s active efforts to resolve the marriage with respect to the cause of the failure of the Defendant, rather than the Plaintiff’s marriage.

C. Determination as to the claim of consolation money

As the Defendant’s primary fault led to the failure of a matrimonial relationship, the Defendant is obligated to pay consolation money to the Plaintiff. The amount of consolation money shall be determined as KRW 20 million by taking full account of all the circumstances shown in the instant pleadings, such as the period of marriage, the circumstances leading up to and degree of responsibility for the failure of the Plaintiff and the Defendant, the circumstances following the separation from

D. Sub-committee

The plaintiff is divorced from the defendant, and the defendant is obligated to pay to the plaintiff the consolation money of 20 million won and the damages for delay calculated by the rate of 5% per annum as stipulated by the Civil Act from August 25, 2016 to December 20, 2017, the day following the delivery day of the complaint of this case, which is deemed reasonable for the defendant to dispute about the existence and scope of the obligation to perform, and 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

2. Determination as to the claim for division of property

A. While the process of property formation (1) during the marriage period, the defendant served as **, and the plaintiff was paid as the full-time employee except for a private teaching institute operated for four months.

(2) The Defendant purchased a car in the name of the Plaintiff during the marriage period, and paid KRW 10 million to the Plaintiff as a security deposit for a private teaching institute.

(3) On April 22, 2010, the Plaintiff and the Defendant acquired each co-ownership share on real estate listed in the separate sheet (hereinafter “00 apartment”) with 1/2 of the co-ownership share, and completed the registration of ownership transfer. The sale price of KRW 194, 210,00 was 194, 210,000 paid all the Plaintiff’s mother Kim*** (4) January 20, 2012 * △△△△△△△△△△△△△△△△△△ apartment in the face * KRW 224,189,00 won. The above purchase price was 00 apartment bonds, * the Defendant’s passbook bank account (* 096 - 12 * * * * *).

(5) The Plaintiff concluded a lease agreement that leases KRW 130 million to △△△△△ apartment for a period of 24 months from January 16, 2012. The Plaintiff transferred most of the lease deposits received to the Defendant and Kim * (Seoul** * with a view to repaying KRW 68 million transferred on December 28, 201).

(6) The plaintiff and the defendant entered into a lease contract with 00 apartment units * 180 million won to * 100 million won to *. *. 12 months from * on August 2015, the registration of the branch court of the Busan District Court with respect to the above apartment units * *, receipt * * on August 21, 2015, the entire term of the building * from 180,000 won to * on June 2015 * * * from 2016. * * from 135,623,910 won to * on August 2015, 2015). The plaintiff paid the defendant the debt of the lease on deposit basis * from 135,623,910 won to 15,000 won to 205.

8. Between 21.21. A total of KRW 55,836,090 ( Kim* the amount including KRW 1,1460,000 that was remitted) was remitted.

(7) On October 30, 2015, the Plaintiff acquired △△△△△△ apartment (hereinafter “△△△ apartment”) located in Myeon ** KRW 230,50,000,000. Of the above purchase price, KRW 60,000,000 shall be paid by the Defendant, and KRW 100,000 shall be paid as collateral loans from the △△△ Bank on the above apartment, and the remainder shall be Kim* and paid from the Plaintiff’s external third village from September 2, 2015 to December 15, 2015. The Defendant transferred or paid KRW 60,000,000 in cash to the △△△△△△△△△△△△△△△△△△△△△△△△, and paid the above loan by cash and used the purchase price in cash or in registration, etc.

(8) On July 14, 2016, the Plaintiff concluded a lease contract for the lease of △△△△ apartment to South 00,000,000 won for the period from 24 months to 100,500,000 won among the lease deposit. On July 26, 2016, the Plaintiff repaid the obligation to secure the loan of △△△ Bank on the above apartment on July 26, 2016, and paid 89 million won to the Defendant as the division of property on August 1, 2016.

[Ground of recognition] Evidence Nos. 11 through 14, Evidence Nos. 16, Evidence Nos. 20 through 22, Evidence Nos. 20 through 8, Evidence Nos. 10 through 14, and the purport of oral argument No. 14

(b) Property and value to be divided: The details of the property to be divided shall be as shown in the attached Table 2;

C. Determination of the parties' arguments: It is as shown in the list of property subject to division in attached Form 2 and the list of property non-recognized in attached Form 3.

D. Ratio and method of division of property (1) : Plaintiff 60%, Defendant 40%

[Ground of determination] The plaintiff's mother Kim** paid the sale price of apartment units 000. Unlike the plaintiff's assertion, the first and second △△△△△ apartment units were prepared as money transferred by the defendant to the plaintiff, etc. as collateral loans, lease deposit, the plaintiff's parents' monthly income is at least 5 million won, the defendant's monthly income is at least 5 million won, the defendant's main income during the marriage period, and other circumstances such as the process of acquisition of active property subject to division and the status of use, the degree of contribution of the plaintiff and the defendant to formation and maintenance, the plaintiff's age, occupation and period of marriage, etc. (2) division method: considering the name and form of the property subject to division, the process of acquisition, convenience of division, equity, and ex post facto dispute prevention, the plaintiff's title 1 and 2 △△△△△△△△△ apartment units are owned by the plaintiff's ownership, the plaintiff's share is transferred to the defendant, and the defendant's obligation to return the above apartment units is ultimately divided into money to the defendant (3).

[Calculation Form] ① The share of the defendant according to the division of property among the net property of the plaintiff and the defendant

38, 914, 865 won x 40% = 135,565,946 won

② The amount under the above paragraph (1) plus the Defendant’s net property + KRW 135,565,946 + 31,250,00 = 166,815,946

③ Division of property that the Defendant received from the Plaintiff in cash (2) calculated by deducting KRW 150,8750,000,000 from the amount of 00 apartment buildings transferred by the Defendant from the amount under the above paragraph, and adding KRW 90,000,000,000,000,000,000 already received from the Plaintiff out of the liability for deposit money for the above apartment buildings acquired by the Defendant, and then deducting KRW 89,00,000,000

④ Division of property that the Plaintiff shall pay in cash to the Defendant

③ The amount set forth in the above paragraph is less than nine million won.

D. Sub-committee

As a result of division of property, the Plaintiff is obligated to take the procedure for the registration of transfer of ownership based on the fixed date of this judgment with respect to 1/2 shares out of 00 apartment units, and the Defendant is exempted from the obligation to return the deposit money based on the right to lease on a deposit basis of this case. The Plaintiff is obligated to pay to the Defendant the damages for delay calculated at the rate of 5% per annum under the Civil Act from the day following the day this judgment becomes final to the day of full payment.

3. Determination as to bringing up children

A. The person with parental authority and the custodian of the principal of this case is designated as the plaintiff.

[Ground of determination] The Plaintiff and the Defendant began their separate stay on July 2016 and up to now, the Plaintiff is raising the principal of this case, the Plaintiff may receive economic support from rearing assistants (the Plaintiff’s parents) and the Plaintiff himself/herself has the ability to conduct economic activities, and the Plaintiff’s environment for fostering, the age of the principal of this case, and the circumstances surrounding marriage dissolution, shall be determined as above in consideration of various circumstances.

B. From December 1, 2017 to the day before the adjudication of child support is rendered, it shall be determined that the principal of the case pays KRW 750,000 per month per person of the principal of the case from the end of each month until the day before the principal of the case reaches each adult age

[Ground of determination] Considering the circumstances revealed in the argument of this case, such as the circumstance where the plaintiff brought the principal of this case by himself/herself, the age and occupation of the plaintiff and the defendant, academic background, revenue, property, and age and parenting status of the principal of this case, the amount of child support and the time of payment shall be determined as above.

C. The Defendant, who is no visitation right, has the right to interview with the principal of the instant case, unless it is contrary to the welfare of the principal of the instant case. The Defendant, who is the visitation right, has the right to interview with the principal of the instant case. The Defendant, at around January 2017, performed the visitation right for one-day one-day time while leaving the principal of the instant case during the visitation right without the Plaintiff and without the Plaintiff, and thereby, determined the visitation right as described in Paragraph 7 of the Disposition, taking into account the various circumstances revealed in the argument of the instant case, such as the Defendant’s age, parenting status, living environment, intentions of the relevant parties, dwelling place of the Defendant and the principal of the instant case, and the Defendant, without the Plaintiff.

4. Conclusion

The plaintiff's claim for divorce against the principal lawsuit shall be accepted for the reasons for the claim for consolation money within the scope of the above recognition, and the remaining claims shall be dismissed for the reasons for the above recognition. The defendant's claim for counterclaim divorce and consolation money shall be dismissed for the lack of reasons. The claim for division of property of the principal lawsuit and counterclaim, the designation of a person with parental authority and a custodian, the child support claim and the visitation

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.