2014Dhap301307 (principal action) Divorce

2014Dhap301314 (Counterclaims), divorce, etc.

A person shall be appointed.

A person shall be appointed.

October 1, 2014

January 14, 2015

1. The plaintiff (the counterclaim defendant) and the defendant (the counterclaim plaintiff) are divorced by the principal lawsuit and counterclaim.

2. All of the claims for consolation money against the Plaintiff (Counterclaim Defendant) and the counterclaim of the Defendant (Counterclaim Plaintiff)

The dismissal is dismissed.

3. Plaintiff (Counterclaim Defendant) was liable to the Defendant (Counterclaim Plaintiff) for property division of KRW 86,00,000, and the Plaintiff’s objection thereto.

The amount of money shall be paid at the rate of 5% per annum from the day after the judgment becomes final to the day of full payment.

4. The costs of lawsuit are assessed against Plaintiff (Counterclaim Defendant) and the remainder is assessed against Defendant (Counterclaim Plaintiff).

each of them shall be borne by each of them.

In the principal lawsuit: Disposition No. 1 and Defendant (hereinafter referred to as “Defendant 1”) are Plaintiff (Counterclaim Defendant, hereinafter referred to as “Defendant 1”)

The judgment of this case was rendered to the plaintiff 20,000,000 won as consolation money and the judgment of this case against this.

C. The defendant shall pay to the plaintiff 20% interest per annum from the day of full payment to the day of full payment.

Division 33, 600, 000 won and 5% per annum from the day following the day when this judgment is finalized to the day of full payment.

shall pay the money by means of money.

Counterclaim: Claim 1 and Claim 50,000,000 won as consolation money and counterclaim against the defendant

D. The plaintiff shall pay 20% interest per annum from the day after the delivery date of the duplicate to the day of complete payment.

property division to the defendant 357,00,000 won, and full payment as of the judgment of this case

By the day, 5% interest shall be paid by the rate of 5% per annum.

1. Determination on the claim for divorce and consolation money against each principal lawsuit and counterclaim

A. Facts of recognition

1) Marriage and children: 1.04.*. *. Marriage Report, and the Plaintiff’s children between the former wife and C (196*).

H), D (197* Number 197), E (197* Number 197) and F (197). The defendant is a child between son and son.

G (197* Life), H (197* Life), I (197* Life), and I (197* Life)

2) Circumstances leading to the marriage and the failure;

A) The plaintiff and the defendant are bereaved of each other's spouse and the defendant were living alone, and around 2003 at the time when they were living alone.

With introduction, we reported marriage *. Marriage * Around that time, we started living together.

B) The Plaintiff, even after his/her marriage with the Defendant, shall be deemed to have been married to the Defendant, and shall be deemed to have been married to E and son F.

F, the only child of the Plaintiff, is the disability of the fourth degree due to a cerebral disease.

As a person, the intelligence was limited to the fourth grade level of an elementary school, and the plaintiff was from E to F.

In addition, a cleaning agent who does not make food at time and does not make a cleaning, and who does not take an examination, "I am f and f," and f.

It is doubtful that money would be brought to the police station and that it would be frightened to the police station.

The preceding year also listens to.

C) F has attempted suicide by cutting one’s hand on a knife with a knife, F. H.W. L.W. L.W. L.W. L.W. L.W. L.W. L.W.

In 2011, the elderly was living for the elderly, and * In case of the border, it was diagnosed with brain death and hospitalized treatment.

The health status has deteriorated due to the aggravation of the health of the F, and the cause of the aggravation of the health of the Plaintiff is the Defendant’s abuse.

I think that the defendant was dissatisfied with the defendant.

D) Ultimately, the Plaintiff is about 5 square meters not far from a house he was living in around 2011* around 2011

The studio leased the studio to divide F, and the plaintiff and the defendant reside separately.

E) The Plaintiff refused to respond to the Defendant’s refusal to meet friendly friendly ties with all South and North son’s children.

Due to the conflict between Korea and the above F, the plaintiff and the defendant have been fighting between husband and wife.

(f) The Plaintiff was hospitalized on October 10, 2013 due to extreme pain and received a diagnosis of absence from attending a meeting.

In addition, on October 28, 2013, the discharge was made on October 17, 2013, and again on October 28, 2013, 60% between the hospitalization in hospital.

He discharged on November 9, 2013.

G) The Plaintiff and the Defendant filed an application for confirmation of intention of divorce on December 11, 2013, but the Defendant filed an application for confirmation of intention of divorce.

On January 16, 2014 and January 17, 2014, it was impossible to obtain confirmation of divorce due to the absence on the confirmation date.

C. On January 17, 2014, the Defendant started leaving the house and left the house separately, and the Plaintiff began on January 22, 2014.

A lawsuit was filed.

[Ground of recognition] Evidence A Nos. 1 through 8, Evidence A No. 13, 16, 22, 23, and 26, Evidence No. 1 (each point)

Each entry or video, the whole purport of the pleading, including number)

B. Determination on the claim of divorce and consolation money for each principal lawsuit and counterclaim

1) A principal lawsuit and a counterclaim for each divorce: Each of the grounds under Article 840 subparagraph 6 of the Civil Act are reasonable.

2) Claim for consolation money for each principal lawsuit and counterclaim: without merit.

[Grounds for Determination]

A) Recognition of the failure of marriage between the plaintiff and the defendant

As seen above, the plaintiff and the defendant have divorced each other through the principal lawsuit and counterclaim of this case.

It seems that the relationship between the original and the defendant is worse to the extent that it is impossible to recover.

Taking into account various circumstances

B) The fundamental and principal liability of the failure is against both the original and the Defendant, and the degree of which is equal.

In married life of the plaintiff and the defendant, the married couple shall have pether, good faith and in person.

to understand and protect the other party, and make every effort to maintain the marital life.

In addition, there are cases where there are many difficulties in marriage life, even if they are faced with the situation.

Husband and wife have to make every effort to overcome such disability (Supreme Court Decision 199 February 12, 1999).

High 97Meu612, see Supreme Court Decision 97Meu612, F's support issues, exchange problems with the Defendant's son and son's children, etc.

Efforts to resolve conflicts by dialogue or to take into account the other party and to improve the relationship are sufficient.

In the end, a couple's fighting has been fighting with his or her own position without due diligence.

The plaintiff and the defendant apply for the confirmation of intention of divorce on December 11, 2013, as the conflict is maximized due to the maximized conflict.

Taking into account various circumstances, including the fact that the Defendant entered into force and the Defendant came into office on January 17, 2014:

The liability for failure is equal to all the plaintiff and the defendant.

C. Sub-committee

Therefore, the plaintiff and the defendant shall be divorced by the principal lawsuit and counterclaim, and the plaintiff shall claim consolation money from the principal lawsuit of the plaintiff.

All counterclaims filed by the defendant are dismissed.

2. Determination on the claim for division of property in the principal lawsuit

(a) Details and current status of property formation;

1) The Plaintiff served as an engineer* The Defendant has been in charge of household affairs as an occupational master, and the Plaintiff.

Monthly income was 1.5 million to 1.7 million won per month around 2004, and around 2011.

The level was 2.7 million won.

2) Before remarried, the Plaintiff: (a) on June 9, 1994, the Plaintiff ** Gu** Dong** Dong* * land and above-ground C.

The defendant acquired and possessed the old house, and the defendant inherited on June 20, 1993 and inherited * Gu*** Dong******

2/13 shares of land and Incheon** Gu* Dong* Dong********* acquiring and holding 2/13 shares of land.

(A) on October 17, 2012, or on October 31, 1994, Incheon** Gu*********

△△△ apartments* Dong * Dong ** Ho * The one acquired and possessed.

3) The plaintiff on August 4, 2003, Seoul** Gu** Dong** Dong** land and multi-households on the ground.

2/3 of the shares to children F, 1/3 of the above real estate to legacy to children E.

I prepared a testamentary document of contents.

4) The plaintiff and the defendant from the end of 2003 to Seoul* Gu** Dong* Dong*** * Ghana

Seoul*** Gu******* ** 62-39, while residing in the old house on January 15, 2010.

Deposit 53,000,000 won have been leased and resided.

B. Judgment on the assertion of marital property contract

1) Summary of the Plaintiff’s assertion

Before reporting the marriage with the defendant, the plaintiff may intervene in the property of each other in the future.

Since a marriage was reported after an agreement not to file a claim for division of property, the defendant filed a claim for division of property against the plaintiff.

I asserts to the effect that it would not be possible.

2) Determination

Gap evidence No. 17 is not sufficient to acknowledge the plaintiff's assertion only with the statement of evidence No. 17

(b) there is no evidence to prove that the Plaintiff and the Defendant agreed to do so as otherwise alleged by the Plaintiff:

Ultimately, the content of the claim for division of property is considered to have waived in advance by the plaintiff and the defendant, and the marriage is married.

It is not allowed to waive the right to property division in advance before dissolution.

Supreme Court Decision 2002Meu1787 Delivered on March 25, 2003 (principal lawsuit), 2002Meu1794 (Counterclaim), 2002Meu1800 (Joint Appeal) Decided 202Meu1800 (Joint Appeal)

(D) The above declaration of intention made before the Defendant’s dissolution of the marriage has no effect.

C. Therefore, the plaintiff's above assertion is without merit.

(c) Property and value to be divided;

1) Property to be divided: The formation of the property before it is entered in the list of property to be divided in the attached Form.

The details and circumstances of the acquisition of the pertinent property, and the contribution to income and living expenses during the marriage period of the plaintiff and the defendant

When comprehensively considering the circumstances revealed in pleadings, such as the Do, the plaintiff and the defendant jointly in their marital life.

property created or maintained by the effort of the Plaintiff is substantially common property of the Plaintiff and the Defendant.

(1) If it is deemed that it is a debt incurred as a result of the formation of marital life or common property, it shall be deemed that it is a debt

Since it is reasonable to divide property, it is subject to division of property.

2) The value of the property to be divided;

(A) Plaintiff’s net property: 980, 231, 356 won

(B) Defendant’s net property: 211, 733, 190 won

(C) Total amount of the net property of the original and the Defendant: KRW 1,191,964,546

[Grounds for Recognition] Each entry in Gap evidence 9, 21, Eul evidence 5, 7 (including each number), and 5 and 7, before oral argument

The purpose of body

D. Determination as to the parties’ assertion on the property subject to subdivision

Evidence of the list of property to be divided in attached Form and the judgment of the party's assertion; column and column of attached Form 4

The same is as the statement in the column of the Party's assertion and judgment of the party in the statement of fixed property.

(e) Ratio and method of division of property;

1) Division ratio: Plaintiff 75%, Defendant 25%

[Reasons for Determination] The contribution of the plaintiff and the defendant to the formation and maintenance of the property to be divided above

Do, the process, period and reason for the failure of marriage, the age, occupation, and property subject to division, respectively, of original and defendant's age;

Various circumstances shown in the argument of this case, including the time and circumstances of acquisition;

2) A method of division of property: The name and form of the property to be divided, grounds for acquisition and use thereof, and division;

in consideration of the convenience, etc. of the defendant, ultimately attributable to the defendant in accordance with the above division ratio.

The part of the deficiency in the amount is determined to be paid in cash by the plaintiff to the defendant.

3) Property division amount to be paid by the Plaintiff to the Defendant: 86,00,000 won

【Calculation Form】

(A) The shares of the Defendant according to the division ratio of property among the net property of the Plaintiff and the Defendant

Total net property 1, 191, 964, 546 won x 25% = 297, 991, 136 won

(B) The difference between the money in subsection (a) above and the Defendant’s net property

297, 991, 136 won - 211, 733, 190 won = 86,257, 946 won

(C) Property division amount that the Plaintiff pays to the Defendant

86,000,000 Won 1,000,000 for a little amount under subsection (b) above

F. Sub-committee

Therefore, the plaintiff's property division amounting to 86,00,000 won and the date this decision became final and conclusive for the defendant.

A person shall be obligated to pay 5% interest per annum from the following day to the date of full payment.

3. Conclusion

If so, both the plaintiff and the defendant's principal lawsuit and each counterclaim are reasonable to accept them.

c) All claims for consolation money, the principal lawsuit and the counterclaim, shall be dismissed as it is without merit, and as to division of property

as above, it is so decided as per Disposition.

Completion of presiding judge

Judges Senior Jin-young

Judges Cho Jae-in

1) For convenience, financial assets of less than one million won are excluded from property division.

A person shall be appointed.