2017Dives 200239 Change of Child

2017 Dives 200240 (Consolidation) Designation and change of a person with parental authority

2017Dives 200381 (Consolidation) Change in child support

A (1974, South 1974)

Address

Reference domicile

Attorney Park Jae-hoon

Subagent of lawsuit

B. B. (197.00 1000)

Last Address

Reference domicile

A person shall be appointed.

2. Address;

Reference domicile

February 13, 2018

1. In the case of Seoul Family Court 2014Dhap6329 (principal lawsuit), 2014Dhap6336 (Counterclaim), the above court’s order 6(b) of the judgment rendered on June 17, 2015, the future childcare expenses incurred after February 1, 2018, out of the future childcare expenses prescribed in paragraph 6(b) of the judgment rendered on June 17, 2015, are modified as follows:

The claimant shall pay 70,000 won per month to the other party for the future child support of the principal of the case from February 1, 2018 until the day before the principal of the case becomes adult.

2. The claimant's remaining claims are dismissed.

3. The costs of lawsuit shall be borne by each party.

The person with parental authority and the custodian of the principal of this case shall be changed to the applicant. The other party shall pay 1 million won per month to the applicant for the child support of the principal of this case until January 25, 2027 from the date when the judgment of this case became final and conclusive to January 25, 2027. The future child support expenses prescribed in the text of the judgment in Paragraph 1 of this case, and the claimant shall be changed to pay 300,000 won per month to the other party for the child support of the principal of this case from the date when the judgment of this case became final and conclusive to January 25, 2027.

1. Facts of recognition;

According to records and the purport of the whole examination, the following facts are recognized:

A. The claimant and the other party were married in 2007, and they were divorced by the Seoul Family Court Decision 2014Dhap6329 (principal lawsuit) and 2014Dhap6336 (Counterclaim).

B. In the above divorce judgment, the claimant and the other party have the principal of the case as his child, and the person having parental authority and the other party designated the other party as the child, and the claimant paid 9 million won to the other party for the child support in the past of the principal of the case, and paid 100,000 won per month from June 1, 2015 to January 25, 2027 at the end of each month.

2. Determination.

A. The claimant's assertion

The other party asserts that the person with parental authority and the protector of the principal of this case shall be changed to the claimant, and the other party shall pay the future rearing expenses of the principal of this case to the claimant and the future childcare expenses as determined by the divorce judgment shall also be reduced, inasmuch as the person with parental authority and the protector of the principal of this case shall be changed to the applicant, and the other party shall pay the future rearing expenses of the principal of this case, and the future childcare expenses as determined by the divorce judgment shall also be reduced.

B. Determination

Any subsequent modification to a private clause necessary for fostering decided by the Family Court under Article 837 (2) of the Civil Act shall be possible not only in cases where there is a special change of circumstances after the original decision but also in cases where it is deemed that the original decision was unfair in light of the overall circumstances stipulated in the above provisions of the Act. Even in cases where the parties have determined the matters concerning the fostering of the children through the conciliation and have requested a family court for a change to the said matters, the Family Court may modify the matters at any time when it is deemed unfair in light of the overall circumstances stipulated in the above provisions of the Act, and it shall not be allowed to change the matters only when there is a special change of circumstances after the formation of conciliation (see Supreme Court Decision 90Meu699 delivered on June 25, 191, etc.).

However, the evidence submitted by the claimant alone is insufficient to recognize that there is a special change in circumstances to replace the person with parental authority and the person with custody as determined by the above divorce judgment, or that the decision was unfair, and there is no other evidence

Meanwhile, taking into account various circumstances recognized by the records and the overall purport of the examination, such as the situation of fostering the principal of the case and visitation negotiations, the future childcare expenses prescribed in the above divorce judgment are as they are.

It is recognized that there is a special change in circumstances that cannot be maintained, and it is reasonable to change the future childcare expenses after February 1, 2018 in the amount of KRW 700,000 per month.

3. Conclusion

Therefore, a person with parental authority and a custodian's claim for the change of the child support and the subsequent claim for the change of the child support are dismissed as it is without merit. A claim for the change of the future child support is accepted within the scope of the above recognition,

Judges Park Young-young