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(영문) 서울행정법원 2020.04.02 2019구합84062
분할연금등지급선청구 승인 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

The plaintiff is a public official in postal administration belonging to the Ministry of Science and ICT from November 14, 1990 to the Ministry of Science and ICT.

The plaintiff was married with B on December 10, 1992.

However, in 2016, B filed a lawsuit of divorce against the Plaintiff with the Daejeon Family Court. On November 23, 2016, the Daejeon Family Court established a divorce conciliation including the following matters.

Mediation Clause (hereinafter referred to as “Mediation Clause”)

1. The Plaintiff and B shall be divorced.

2.(a)

The Plaintiff shall pay to B KRW 50 million as a result of the division of property, and the KRW 30 million shall be paid respectively until December 31, 2016, and KRW 10 million until March 31, 2017, and the remainder KRW 10 million until June 30, 2017.

B. If the Plaintiff fails to comply with the deadline for the payment of each of the above amounts on one occasion, the Plaintiff shall lose the benefit of the deadline and shall pay damages for delay plus 15% interest per annum from the day following the deadline for payment to the day of full payment with respect to each unpaid amount.

3. The plaintiff shall be designated as a person with parental authority and care for the principal of the case.

4. The plaintiff shall bear all child support for the principal of the case (three children between the plaintiff and B. At the time, the above children are 18, 16, and 6 years old, respectively) except in extenuating circumstances.

5. B, from February 1, 2017, the first Saturday, from 7:0 p.m. to 9:30 p.m., may contact the principals of the case.

6. B waives the remainder of the claims

7. The Plaintiff and B need not claim any property claim, such as consolation money and division of property, with respect to the divorce of the instant case in the future.

Description of Claim

Purport of claim

1. The plaintiff and the defendant are divorced.

2. The defendant shall pay consolation money of KRW 30 million to the plaintiff.

3. The Defendant shall pay the Plaintiff KRW 150 million to the division of property.

B on July 19, 2019, the Defendant maintained the marital relationship with the Plaintiff from December 10, 1992 to November 23, 2016, and thus, the Plaintiff’s retirement pension.

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