2013Dhap558 (Divorce and Condolence Money, etc.)

2013Dhap572 (Counterclaim), divorce, consolation money, etc.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

June 25, 2014

November 12, 2014

1. In accordance with the principal lawsuit, the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are divorced.

2. Defendant (Counterclaim Plaintiff) pays 10,000,000 won as consolation money to Plaintiff (Counterclaim Defendant).

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

4. Property division:

A. 1) The Defendant (Counterclaim Plaintiff) received KRW 144,00,00 from the Plaintiff (Counterclaim Defendant) and at the same time delivered the real estate listed in the separate sheet No. 1 to the Plaintiff (Counterclaim Defendant). The Plaintiff (Counterclaim Defendant) paid KRW 144,00,000 to the Defendant (Counterclaim Plaintiff) simultaneously with the delivery of real estate listed in the separate sheet No. 1 from the Defendant (Counterclaim Plaintiff).

B. The Plaintiff (Counterclaim Defendant) performed the procedure for registration of transfer of ownership due to the division of property on the automobiles listed in the attached Table 2 list to the Defendant (Counterclaim Plaintiff) on the ground of the division of property on the day when this judgment became final and conclusive.

5. A person with parental authority and a custodian of the principal of the case shall designate the Plaintiff (a counterclaim Defendant).

6. The Defendant (Counterclaim Plaintiff) pays the Plaintiff (Counterclaim Defendant) KRW 14,90,00 as the child support of the instant principal’s past year, and KRW 700,00 as the child support of the instant principal from November 2014 to September 8, 2023.

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

1) The first day of each month, the third Saturday 11: 00 to 19:00, Defendant (Counterclaim Plaintiff) shall take the principal of the case at the place of residence of the principal of the case and after completing the visitation right, take the principal of the case again to the above place.

2) The above schedule may be changed by subsequent consultation following the growth of the principal of the case, and the intention of the principal of the case shall be respected and implemented as much as possible.

B. The Plaintiff (Counterclaim Defendant) must actively cooperate with the Defendant (Counterclaim Plaintiff) in exercising the visitation right to the principal of the instant case.

8. The costs of lawsuit are assessed against the Plaintiff (Counterclaim Defendant) and the remainder, respectively, by the Plaintiff (Counterclaim Plaintiff).

19.Paragraphs 2 and 6 may be provisionally executed.

Main Action: Disposition Nos. 1 and 5 and Defendant (hereinafter “Defendant”) are Plaintiff (Counterclaim Defendant, hereinafter “Defendant”)

H. The defendant shall pay 50,000,000 won as consolation money to the plaintiff only. The defendant shall pay to the plaintiff the part of the case.

From October 1, 201 to September 7, 2024, the principal of the case becomes adult as child support for a person.

700,000 won shall be payable at the last day of each month.

Counterclaim: The plaintiff shall be divorced from the defendant. The plaintiff shall be consolation money of 30,000,000 won and the plaintiff shall be divorced.

The 20% interest per annum from the day after the delivery date of the copy of the complaint of this case to the day of full payment.

§ 3/4 of the co-ownership of the real property listed in the Schedule 1 re-date of the decision of this case

The procedures for the transfer registration of ownership due to separation shall be implemented, and the vehicle listed in the attached Table 2 shall be

On the other hand, the transfer registration procedure based on the division of property on the fixed date of the instant judgment is implemented.

The defendant shall be designated as the person exercising parental authority and the guardian of the principal of the case.

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

(a) Facts of recognition;

1) Marriage and children: Marriage and children: *. Report of marriage on 2004.* under the chain of marriage, C (2) with children under the chain of marriage, and C (2) with the Defendant, around 2000, while the Plaintiff and the Defendant were her only at the age club around 2000, * on 1.04. * *. * The Plaintiff and the Defendant reported marriage. At the time, both of the Plaintiff and the Defendant were married, and 2 children (E: 1999, F: 199) between the Jeonnam and the Defendant were her entire children (G: 198) and her entire children were her children (G: * 198) and her entire children were her children and her children were her children were her children, and the Defendant continued to enter the local university and college on 208. * The Plaintiff and the Defendant was her entire children her children from G. her local university.

C) On the other hand, the Defendant frequently performed an violent act on the ground that the Plaintiff met the south side or avoided wind. On the other hand, the Defendant, within the vehicle driven by the Plaintiff, tried to get off the Plaintiff, and attempted to get off the Plaintiff on the back of the vehicle after the Plaintiff got off the Plaintiff, and the Defendant assaulted the Plaintiff on the part of the Plaintiff who was on board the Plaintiff, and reported the police to the police.

D) The Defendant was refused to demand the Plaintiff to engage in a sexual intercourse at a ward by drinking alcohol at around 2012.* On February 2012, 2012, and demanding the Plaintiff to engage in a sexual intercourse in the ward. The first divorce was completed, but the first divorce was completed, but this would result in the death. On the rooftop, the first divorce would have come to death. Even if the Plaintiff was able to live within the house, one day would come to go off, and she would go off by taking a bath, and made verbal abuse.

E) The Defendant: (a) refused to engage in a sexual intercourse on the ground that the Plaintiff was her children; and (b) reported to the police and dispatched the police by reporting the Plaintiff to the police while the Plaintiff’s child, E, who is the Plaintiff, was the child of the Defendant; (c) the Defendant went back to the police after having called the police; and (d) the Plaintiff went back to his house and her home to assault the Plaintiff; and (c) the Plaintiff went away from her home to her home; and (d) the Plaintiff was living until now.

[Ground of recognition] Gap evidence Nos. 1 through 3, Gap evidence Nos. 7, 11, Eul evidence Nos. 3 (including numbers), investigation report by family affairs investigators, and purport of the whole pleadings

B. Determination

1) A claim for divorce of principal lawsuit: there are reasons under Article 840(3) and (6) of the Civil Act.

Claim for consolation money: Claim for a counterclaim divorce and claim for consolation money: None of each reason;

[Reasons for Determination] A) Recognition of the failure of marriage between the Plaintiff and the Defendant: As seen above, various circumstances, such as the Plaintiff and the Defendant wanting divorce between the Plaintiff and the counterclaim of the instant case, including the overall progress of marital life.

B) The fundamental and main responsibility for the failure of marriage is the Defendant: as seen above, the Defendant did not understand the special circumstances that may arise in a new family relationship, and concluded that the Plaintiff was engaged in an unlawful act by drinking out the remaining parts of the Plaintiff, and only the Plaintiff criticizes the G, a child, and the Plaintiff without having made efforts to arbitrate the original part of the Plaintiff.

In the past, inasmuch as a couple’s family relationship has been severely damaged and a fundamental cause of the conflict has been provided by repeated actions that may not exist between husband and wife, such as violence and verbal abuse against the Defendant due to the issues of marital relationship, etc., such as exercising violence and verbal abuse against the Defendant, and thus, understanding the other party, and protecting the other party, thereby severely impairing the trust and patriotism of the marital relationship, the responsibility for the failure of marriage

C) The Defendant’s obligation to pay consolation money to the Plaintiff: the Defendant is obligated to pay consolation money to the Plaintiff’s emotional distress; the Defendant is obligated to pay consolation money to the Plaintiff’s emotional distress; the cause and degree of responsibility for the failure of the marriage in the instant case; and the Plaintiff and the Defendant’s duration of marriage, age, occupation, and economic power.

C. Sub-committee

Therefore, the plaintiff and the defendant are divorced by the principal lawsuit, and the defendant is sought by the plaintiff.

The Plaintiff is obligated to pay 10,00,000 won as consolation money to the Plaintiff.

2. Determination on each claim for division of property between the principal lawsuit and counterclaim

(a) Details and current status of property formation;

① The Plaintiff served as a public official in technical service from around 1982 to ○○○ on the basis of his retirement pension on the following date: (a) retired and received 1,570,640 won (based on 2013) each month as a public official’s retirement pension; (b) the Defendant engaged in △△ production and sales business during the marriage period since the date of the Plaintiff’s delivery; and (c) on the date of 2008 * (a) opened and operated a car-type restaurant and operated the Plaintiff on the basis of the opening of the car-type restaurant; and (d) closed the business as of 201 *.

2) The plaintiff started residing in △△ apartment with 10,00 won of bank account deposit * 29,630,00 won of bank account * 10,000,000 won of loan 10,000,000 won of loan 10,000,000 won of loan * 65,000,000 of loan * as a member of the workplace-based workplace-based association ** * * the Seoul Housing Association and ** the Gu * * the Dong * the Dong * * the Dong Ma * * the Dong Ma 300,00 won of loan * 181,650,00 won of loan * before living with the defendant * the state of payment of the remainder * 43,000,000 won of intermediate payment * 20,200,200,200. or more of loan * 200,200.

***.* The sum of the self-loans 40,00,000, *.i.e., bank loans 48,207,300 won, and the defendant's business earnings. The plaintiff received 60,000,000 won in return for the plaintiff's possession of the above apartment in the course of divorce with Jeonnam, and paid 60,000,000 won in the above △△ apartment in return for the plaintiff's possession of the above apartment in the course of divorce with Jeonnam and then paid 60,000 won to Jeonnam around * The defendant paid 50,000,00 won to the plaintiff as living expenses, and 20,000 won in the last * 20,000 won in the above bank account* 10,000 won in the first * 206,000 won in the first * 20,000 won in the account of the plaintiff* 21,201200,21.

6) At present, the plaintiff lives with his children in the room room, and the defendant is residing in the real estate stated in the attached Table 1 list.

B. Property subject to division and value 1) Property subject to division: In full view of the circumstances revealed in the pleadings, such as the process of the formation of the property in question as seen earlier, the process of acquiring the pertinent property, and the extent of revenue and living expenses during the marriage period between the plaintiff and the defendant, it is reasonable to view that the property formed or maintained by the plaintiff and the defendant through joint efforts during the marriage period falls under substantially common property of the plaintiff and the defendant, or the obligation borne with the formation of marital community or common property, and thus, it is subject to division

2) The value of the property to be divided (A) Plaintiff’s net property: KRW 486,850,594 (b) Defendant’s net property: KRW 55,513,220 (c) and Defendant’s net property: KRW 542,363,814

[Grounds for Recognition] Gap's evidence 8, 10, Eul's evidence 8, 9 (including each number), * each order to submit financial transaction information to * Bank, * The National Pension Management Corporation, and each inquiry reply to the Fair Trade Commission

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

The evidence of the attached list of property specification subject to division and the judgment of the parties' claims shall be as shown in the column of "the parties' claims and judgments" in the attached list of non-recognized property list.

D. Division ratio of property and method 1): Plaintiff 60%, Defendant 40%

[2] The method of division of property as seen above, such as the source and the defendant's contribution to the formation and maintenance of the property subject to division, the process and period of marital life, the reason for failure, the age of the plaintiff and the defendant, occupation, and the time and circumstances of acquisition of each real estate owned by the plaintiff, which most accounts for the property subject to division, shall be considered as follows: considering the name and form of the property subject to division, the reason and use of the property, the convenience of division, etc., the part of the amount ultimately attributable to the defendant pursuant to the above division ratio shall be determined to be paid in cash to the defendant. Since both the plaintiff and the defendant and the defendant agreed to transfer the ownership of the motor vehicle as indicated in the annexed Table 2 list, it shall be deemed that the plaintiff transferred the ownership of the above motor vehicle to the defendant: 144,00,000 won to the plaintiff.

[Calculation Form] (A) The share of the defendant according to the division ratio of property among the net property of the plaintiff and the defendant

542, 363, 814 】 40% = 216,945,525 (b) above (a) the difference between the money referred to in (a) above (a) and the net property of the Defendant 216,945,525 - The value of the present net property 55,513,220 - the value of the vehicle indicated in the attached Table 2 list to be transferred under the name of the Defendant 16,650 = 14,782,305 won (c) the Plaintiff pays to the Defendant.

14,00,000 Won 1,000,000 for a little amount under subsection (b) above

E. Sub-committee

Therefore, as a result of division of property, the Defendant received KRW 144,00,00 from the Plaintiff at the time of receiving KRW 144,00,00 from the Plaintiff. At the same time, the Plaintiff received real estate listed in the separate sheet No. 1 from the Defendant, and at the same time, paid KRW 144,00,000 to the Defendant (Counterclaim Plaintiff). The Plaintiff performed the procedure for registration of ownership transfer on the ground of division of property as to the motor vehicle listed in the separate sheet No. 2 list. 3. Determination on the designation and claim of the principal and counterclaim person with parental authority, child support, and visitation

(a) Person with parental authority and custodian: Designating a plaintiff;

[Ground of determination] The plaintiff is currently raising the principal of the case, various circumstances such as the age of the principal of the case, the situation of fostering, and the environment

(b) Child support;

1) Former child support

Child support of 14,90,000,000 won ( = 18,90,000,000 won) calculated by deducting the child support of 4,00,000,00 won ( – 500,000 won and 500,000 won) paid from March 2014 to October 2014, which was delivered from August 2014 to October 27, 2014, from the date when the Plaintiff started his/her stay separately with the Defendant, from August 2012 to October 2014 (=18,90,000,000 to KRW 4,00,000,000).

The defendant shall pay to the plaintiff KRW 700,000 per month from November 2014 to September 8, 2023, which is the day before the principal of this case becomes adult, to the day before the day when the principal of this case becomes adult.

[Ground of determination] The age and status of the principal of the case, the original and Defendant’s age, occupation, economic condition after the division of property, the criteria table for calculation of child support established and published by the Seoul Family Court on May 30, 2014, and other various circumstances;

C. The visitation right (ex officio determination) has the right to interview with the principal of the case unless it is contrary to the welfare of the principal of the case. In light of all the circumstances revealed in the arguments of the case, such as the age, parenting situation of the principal of the case, and the degree of contact with the defendant and the principal of the case, determination of the visitation right is reasonable for the emotional stability and welfare of the principal of the case. The plaintiff must actively cooperate with the defendant in the exercise of the visitation right to the principal of the case.

4. Conclusion

Therefore, the plaintiff's claim for divorce among the principal lawsuit shall be accepted for the reason that it is reasonable, and the claim for consolation money shall be accepted for the reason that it is reasonable within the extent of the above recognition, and the remaining claim shall be dismissed for the reason that there is no reason. The defendant's claim for counterclaim divorce and consolation money shall be dismissed for the reason that there is no reason, and it shall be decided as above with regard to division of property and the person with parental authority

Completion of presiding judge

Judges Senior Jin-young

Judges Cho Jae-in

1) Financial assets of less than 100,000 won are excluded from property division for convenience.

A person shall be appointed.