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The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. On November 11, 1983, the plaintiff and the defendant reported marriage and became a legal couple, and they became a married couple on September 27, 2006.
B. The Plaintiff served as a public official in the body from the time of marriage, and voluntarily retired on June 199.
C. On February 19, 2020, the Defendant received from the National Pension Service a notice of decision to divide the pension amounting to KRW 316,240 from the Plaintiff’s retirement pension, which corresponds to 1/2 of the Plaintiff’s retirement pension.
The relevant provisions concerning divided pension shall be as follows:
Article 45 (Divided Pension Beneficiaries, etc.) (1) If a person who has been married for at least five years (referring to the period excluding the period during which his/her spouse has not existed any substantial marital relationship due to reasons, such as separate marriage and separation from home, etc. during the period of his/her service as a public official; hereinafter the same shall apply) meets all the following requirements, he/she may receive a certain amount of pension (hereinafter referred to as "divided pension") divided by his/her spouse during his/her lifetime:
1. That he/she shall be a beneficiary of a retirement pension or early retirement pension; 2. The amount of a divided pension shall be the amount obtained by equally dividing the pension amount corresponding to the marriage period among the amount of a retirement pension or early retirement pension of a former spouse;
Notwithstanding Article 45 (2), if the division of a pension is separately determined pursuant to Article 839-2 or 843 of the Civil Act, the division of a pension shall apply.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, fact inquiry results against the Daegu Regional Headquarters of the National Health Insurance Corporation, the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion is that the defendant does not engage in economic activities within the marriage life, loses property under the pretext of conducting business, or leaves the place of business.