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(영문) 서울행정법원 2019.07.04 2018구합90671
분할연금불승인처분취소
Text

1. The Defendant’s disposition of non-approval of the public official pension division claim made against the Plaintiff on October 18, 2018 shall be revoked.

2...

Reasons

Details of the disposition

On May 4, 2012, the Plaintiff reported a marriage with the Intervenor joining the Defendant (hereinafter “ Intervenor”), and the Intervenor is serving as a public official belonging to the Daegu Regional Correctional Headquarters.

Retirement and retirement pension is received from the defendant.

On June 19, 2017, the Plaintiff filed a lawsuit seeking divorce and consolation money against the Intervenor (hereinafter “instant divorce lawsuit”). Around July 2017, the Plaintiff and the Intervenor drafted a written agreement with the following contents.

Product Description: The plaintiff agrees to pay the balance of KRW 60 million, excluding the sum of KRW 1.65 million already paid as down payment and intermediate payment, out of the purchase and sale price of KRW 22,50,000,000,000,000, which was already made to the intervenors of the plaintiff's apartment 1 unit in the name of Changwon-si, Yongsan-si, Changwon-si, Mupo-si, and Da, as security at the same time

At the same time as this Agreement, the civil criminal litigation is no longer proceeding.

On October 11, 2017, based on the content of the above agreement between the Plaintiff and the Intervenor in the instant divorce lawsuit, conciliation was established as follows (hereinafter “instant conciliation”).

1. The plaintiff and the intervenor are divorced.

2. The intervenor shall pay 50,000,000 won to the plaintiff as division of property until June 30, 2018. If the intervenor delays the payment of the above money, the intervenor shall pay damages for delay calculated at the rate of 15% per annum from the day following the above payment date to the day of full payment.

3. At the same time, the Plaintiff received the money mentioned in paragraph (2) from the Intervenor, and at the same time performed the registration procedure for transfer of ownership based on the division of property based on the date the instant conciliation is completed with respect to the Changwon-si C apartment and D.

4. The plaintiff renounces the remaining claims, and the plaintiff and the intervenor did not claim consolation money and division of property in relation to the instant case in the future.

5. The costs of lawsuit and the costs of mediation shall be borne respectively;

On October 16, 2018, the Plaintiff is against the Defendant.

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