Plaintiff (Law Firm Beneficiary, Attorneys Kim Hyun-ho et al., Counsel for the plaintiff-appellant)

Defendant (Law Firm Uniform, Attorney Choi Sung-jin, Counsel for defendant-appellant)

Principal of the case

October 17, 2018

1. The plaintiff and the defendant are divorced.

2. The plaintiff's claim for consolation money is dismissed.

3. Property division:

A. At the same time, the Plaintiff received money from the Defendant under Paragraph (b) below, and simultaneously takes the registration procedure for transfer of ownership based on the division of property with respect to the Plaintiff’s 1/2 portion among the real estate stated in attached Form 1, for the Defendant.

B. The Defendant paid KRW 24 million to the Plaintiff at the same time upon receipt of the registration procedure for ownership transfer from the Plaintiff as described in the above A. A.

4. The plaintiff shall be designated as a person with parental authority and guardian of the principal of the case.

5. The defendant shall pay the plaintiff the child support for the principal of this case, from November 22, 2018 to the end of February of the year in which the principal of this case enters an elementary school, 50,000 won per month, and 70,000 won per month from the next day to the end of February of the year in which the principal of this case enters a middle school, and 90,000 won per month from the next day to the end of February of the year in which the principal of this case

6. The defendant may visitation the principal of the case as follows:

(a) General visitation right;

(1) By the end of February of the year in which a person enters a middle school: From 2th day of each month, from 10:00 to 18:00 of the following day:

(2) Between the day after such day to the day of full age: From 2th and 4th Saturday to 10:00 on the following day to Sundays 18:00 on the following day, and the date on which the principal of the case and the defendant freely contacts with each other.

(b) Interview right in the field of life saving and protection.

(1) Two (2) days each of the periods of snow and stone strawing

(2) Two-day each of the summer and winter vacations (five-day each of four-day days after the entrance of an elementary school).

(c) Method: The method by which the defendant was transferred to his residence and the defendant could take the visitation right at a place responsible for him, and then the defendant again takes the visitation right into his residence.

7.Paragraph 5 can be provisionally executed.

8. The costs of lawsuit shall be borne by each person;

1. The plaintiff and the defendant are divorced.

2. The defendant shall pay to the plaintiff 30 million won as consolation money and 5% interest per annum from the day following the day of service of the application for modification of the purport of the claim of this case to the day of the pronouncement of the judgment of this case, and 15% interest per annum from the next day to the day of full payment.

3. Property division:

A. The plaintiff transfers the plaintiff's share concerning the real estate stated in attached Form 1 to the defendant, and the plaintiff transfers it to the defendant

B. The defendant shall pay to the plaintiff 3,568,113 won and 5% interest per annum from the day following the day of the transfer of the above ownership to the day of full payment, at the same time with the transfer of the shares described in paragraph (a) from the plaintiff.

4. The plaintiff shall be designated as a person with parental authority and guardian of the principal of the case.

5. The defendant shall pay the plaintiff the child support of the principal of this case to February of the year in which the principal of this case enters an elementary school from the date of the pronouncement of this case to February of the year in which the principal of this case enters an elementary school, 70,000 won per month from March of the year in which he enters an elementary school to February of the year in which he enters a middle school, 80,000 won per month from March of the year in which he enters a middle school to February of the year in which he enters a high school, and 90,000 won per month from March of the year in which he enters a high school to February of the year in which he

1. Applicable law;

Korean Civil Act: proviso of Article 39 of the Private International Act

2. Determination as to the claim for divorce

(a) Facts of recognition;

(1) The Plaintiff and the Defendant are legally married couple who completed the marriage report on July 11, 2016, and have the case principal who is a minor under the chain.

(2) On April 10, 2017, the Plaintiff, ○○○, a national of the Republic of Korea, and the Defendant, a long-term foreign life, was frequently disputed during the marriage period, the cultural difference, and the instant principal’s parenting issues. The Defendant written a letter stating that “the Defendant, a wife, shall not make an insulting speech, such as abusive and domination, to the Plaintiff, and shall pay a solatium amounting to one million won per time whenever he/she speaks,” and that “the Defendant shall pay a solatium amounting to one million won per speech.”

(3) However, the conflict between the couple was continued, and the plaintiff and the defendant left with each other around November 17, 2017, and reached a marital fighting. The plaintiff filed the instant lawsuit seeking divorce, etc. on November 20, 2017, and from March 2018, the plaintiff was living in the house with the principal of the case and the defendant.

[Ground of recognition] The Gap evidence Nos. 1 through 4, Eul evidence Nos. 5 (each number is included; hereinafter the same shall apply), the purport of the whole pleadings

B. Determination

(1) A claim for divorce: Acceptance (Article 840 subparagraph 6 of the Civil Act)

(2) Claim for consolation money: Dismissal

C. Grounds for determination

(1) The failure of marriage: All circumstances shown in the argument of this case, including the fact that both the plaintiff and the defendant want to divorce, shall be considered.

(2) Where both the plaintiff and the defendant are equal to each other, the married couple shall make every effort to maintain the marital life by understanding and protecting the other party through difficulties and trust, and even if there are cases where there are several situations facing which are obstacles to the marital life, they shall make every effort to overcome such obstacles (see Supreme Court Decision 97Meu612 delivered on February 12, 1999). However, the plaintiff and the defendant cannot be deemed to have made every effort to overcome the obstacles, such as conflict due to large and small problems, and their efforts to change their thoughts and actions from the standpoint of the other party to resolve the conflict, while they conflict with each other, and their own arguments only take place, making it difficult to distinguish between the plaintiff and the defendant's liabilities (the plaintiff's assertion that the defendant was unfairly treated the plaintiff, such as verbal abuse, assault, etc., but the evidence submitted by the plaintiff alone is insufficient to acknowledge them, and there is no other evidence to acknowledge them).

3. Determination as to the claim for division of property

(a) The point of time for division of property;

The main purpose of the property division system is to liquidate and distribute the property jointly formed by the couple in the case of divorce, etc.. The division of property is to determine the share to be reverted to each person by dividing the active property achieved through mutual cooperation between the couple and the debt borne in the course of raising the necessary expenses, etc. (see, e.g., Supreme Court en banc Decision 2010Meu4071, 4088, Jun. 20, 2013). Thus, where the other party is active property or debt arising from one side of the couple and the other party is unrelated to its formation, maintenance, or burden, the property division system does not include the property subject to the property division. Therefore, in the division of property arising from a judicial divorce, the amount of the property division shall be determined as of the date of closing argument in the divorce lawsuit (see Supreme Court Order 2000Du1354, May 22, 200), and where there is a change between the date of the closing of argument and the marriage relation between one and the couple (see Supreme Court Decision 201315Meu14, etc.).

(b) Property and value to be divided;

(1) Property subject to division is as indicated in the list of property division (attached Form 2) (In full view of the property formation process, the process of acquiring the pertinent property, the developments leading up to the acquisition of the pertinent property, the degree of contribution to income and living expenses of the Plaintiff and the Defendant during the marriage period, the marriage period, etc., each of the above property is a property formed or maintained by the joint efforts of the Plaintiff and the Defendant during the marriage, and it is reasonable to view it as the property substantially falls under the common property of the Plaintiff and the Defendant,

(2) The value of the property to be divided;

(a) Plaintiff’s net property: 66,368,542 won;

(B) The Defendant’s net property: -4,053,145 won

(C) Total amount of net property of the Plaintiff and the Defendant: KRW 62,315,397

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

Although the Defendant asserts that an officetel located in △△△-gu Seoul, which was registered in the name of the Plaintiff, constitutes a married couple’s joint property, if the purport of the entire pleadings is added to the entries in the evidence Nos. 8 through 10, the said officetel is recognized as having completed the registration of ownership transfer on April 29, 2016 before the marriage period, and the Plaintiff and the Defendant asserted that only the real estate indicated in the separate sheet No. 1 was subject to property division at the early stage of the instant lawsuit, and thus, it cannot be said that the said officetel was completed or maintained through mutual cooperation between the couple, and thus, it cannot be deemed as subject to division.

(d) Ratio and method of division of property;

(1) Division ratio: Plaintiff 50%, Defendant 50%

[Ground of determination] The degree of contribution of the plaintiff and the defendant to the formation and maintenance of the property subject to division, the process, period, and reason for the failure of marriage, and the age and occupation of the plaintiff and the defendant of this case

(2) The method of division of property: Taking into account the name and form of the property subject to division, the process of acquisition, convenience of division, etc., the entire real estate indicated in the Attachment No. 1, jointly owned by the Plaintiff and the Defendant, shall belong to the Defendant; and the remaining property and debts under the name of the Defendant shall be reverted to the Defendant, in a fixed manner, according to the current property division ratio; and the Defendant shall have the Plaintiff pay to the Plaintiff

(3) Property division amount to be paid by the Defendant to the Plaintiff: KRW 24,000,000

【Calculation Form】

① The Plaintiff’s share according to the division of property among the Plaintiff and Defendant’s net property:

62,315,397 won x 50% = 31,157,698 won (ticker below the original unit)

(2) Where the Plaintiff’s net property transfers shares in real estate in attached Form 1 from the current net property:

6,368,542 won - 60,000 won = 6,368,542 won

(3) The money stated in paragraph (1) plus (2) excluding the money stated in paragraph (1):

31,157,698 won - 6,368,542 = 24,789,156 won

④ Division of property that the Defendant pays to the Plaintiff:

③ 24,000,000 won which deducts a little amount of the above paragraph.

E. Sub-committee

Therefore, as a result of the division of property, the plaintiff shall register the transfer of the plaintiff's 1/2 shares among the real estate listed in the attached Form 1 to the defendant, and the defendant shall be liable to pay 24 million won to the plaintiff for the division of property, and the division of property between the two parties is reasonable (the plaintiff claims the execution of the ownership transfer registration procedure and the payment of the division of property simultaneously, so it shall not be allowed to seek 5% legal interest per annum from the day following the date

4. Determination on a request for designation of a person with parental authority and a custodian

A. Designation of the plaintiff as a person with parental authority and a custodian of the principal of the case

In full view of the evidence and the purport of the entire pleadings submitted to the court, the following circumstances are revealed: (a) the plaintiff mainly raises the principal of this case from the time when the principal of this case was born to the present date; (b) the decision-making dispute causing divorce between the plaintiff and the defendant is due to the difference between the method of fostering the principal of this case and the method of mutual communication; and (c) the lack of efforts to resolve this problem; (d) the exercise of parental rights should be made for a considerable period of time in the future until the principal of this case becomes adult; (e) the plaintiff and the defendant should proceed with specific visitation negotiations; and (e) the method of fostering the principal of this case is considered to continue even after the completion of the trial; (e) the situation seems to be clear that the principal of this case will cause damage to the principal of this case after the completion of the trial; (e) the situation that the principal of this case will enhance the welfare of the principal of this case through the joint parental authority cannot be found to be consistent with the situation that the plaintiff cannot exercise parental authority or move the principal of this case to the sole person of this case.

B. Determination of child support

As long as the principal of the case designates the Plaintiff as the Plaintiff, the Defendant is obligated to pay a certain portion of the child support to the Plaintiff. The amount of the child support shall be determined as set forth in paragraph (5) of the Disposition by the Seoul Family Court, taking into account all the circumstances as seen earlier, including the facts

C. Interview negotiation (ex officio judgment)

As long as the custodian of the principal of the case is designated as the plaintiff, the defendant has the right to interview the principal of the case, and the decision shall be made as per Disposition 6.

5. Conclusion

Therefore, the claim for divorce of this case shall be accepted on the ground of its reason, and the claim for consolation money shall be dismissed on the ground of its reason. The claim for division of property and the claim for designation of a person with parental authority and custody shall be decided as above. It is so decided

[Attachment]

Judges Unauthorized Untiltile