2012dern 1957 Division of Property, etc.

A person shall be appointed.

B

June 19, 2013

July 17, 2013

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

The defendant shall pay to the plaintiff KRW 3 million from the day after the delivery of a copy of the complaint of this case to the plaintiff.

By the day, 20% interest per annum shall be paid.

1. Facts of recognition;

A. The Plaintiff: (a) was 1 son (her 1990 students) between Jeon Nam and Jeon Nam; (b) was divorced on August 28, 199; and (c) was an insurance solicitor, and was working as an insurance solicitor.

B. The Defendant, around December 1996, married Nonparty C with Nonparty C and had 1 South and North son as her child.

C. Around 2006, the above apartment sales agency business came to know with the Plaintiff, and after having come to know of the fact, the Defendant sent and sent multiple contacts or sent them accordingly. Of these, the Defendant confirmed the telephone communications content of C, and doubtful the inappropriate relationship between C and the Plaintiff, and directly expressed the Plaintiff by telephone, text message, etc. In the end, the Defendant and C reached an agreement to nurture the Defendant. In short, the Defendant and C reached an agreement that they would raise the Defendant.

D. As above, C entered the Plaintiff’s house at around the time of the divorce with the Defendant, and lived together with the Plaintiff for about one year. Since then C was a business Guide, and the Plaintiff became a Busan, and became a business Guide and became a Busan, leading to contact or contact with the Plaintiff by getting out of each other. The Plaintiff purchased an apartment house in Daegu around May 2009 and continued living together with C from around that time until January 2012.

E. On January 11, 2008, the Plaintiff made a false statement with C that his mother and the Defendant engage in an illegal business of selling the said musical beverage by singing singing, and C also prepared a letter to the effect that on November 9, 2008, “I would not late return to the Plaintiff,” and on November 10, 2008, the Plaintiff and C prepared a written statement to the effect that “I will not return to the Plaintiff at the latest.” On July 7, 2008, the Plaintiff and C signed a written de facto marriage pledge to the effect that “I will not respond to any other matters, such as the Plaintiff’s mother and the Defendant’s refusal to contact with the other inappropriate body,” and “I will not return to the Defendant or receive a text message from the Plaintiff even if I would not return to the Plaintiff on May 16, 2010.”

F. Meanwhile, even after the Defendant’s divorce, C entered the Defendant’s office in order to care for his/her children. From June 2010, C paid educational or living expenses for his/her children, such as school expenses, etc., and around November 201, C got the Defendant’s child to buy a computer, etc., and was given a final contact with the Defendant or his/her children.

G. On November 201, the Plaintiff was aware of the fact that C transferred KRW 25 million to the Defendant and paid the remainder of KRW 3 million to the Defendant as a living expense upon receiving a return of KRW 22,00,000,000, the Plaintiff was punished by C and C on the ground that C continued to contact the Defendant and received a large amount of money at will even though C had been divorced.

H. On December 26, 2011, the Defendant sent a text message to the effect that “C was selling a house,” and that “C was able to seek a new house,” which was able to have his children live with C, and the Plaintiff was in conflict with C, and the Defendant sent a text message to the Defendant, “I would like to ask C well living, I would like to ask for a letter, and C would like to report to the end of this year. The following day, C, which he came to know through the Defendant, was punished by a serious speech and dispute with the Plaintiff, and eventually, C around January 2012, which became more and more and more between the two parties, became unable to live together with the Plaintiff.

I. During the aforementioned series of processes, the Plaintiff and the Defendant provided a good appraisal to each other, exchanged text messages, etc. as described below (the table) and provided mutual appraisal fighting.

[Attachment]

(j) On January 27, 2012, the Plaintiff filed a lawsuit against the Defendant and C, claiming the payment of consolation money, etc. on the ground that the Defendant and C had committed an unlawful act and the Plaintiff’s de facto marital relationship with C has broken down. Accordingly, C asserted that it was not a de facto marital relationship with the Plaintiff in the course of pleadings, and that there was no unlawful act with the Defendant. On May 7, 2012, asserting that C did not have committed an unlawful act with C, the Plaintiff and C prevented the Plaintiff from committing an unlawful act before divorce with the Plaintiff, and even after the divorce, the Plaintiff filed a counterclaim 2 seeking consolation money on the ground that the Plaintiff was duplicating with the Defendant by telephone and text message, etc., and withdrawn the said counterclaim on November 16, 2012. Meanwhile, on the other hand, the Plaintiff voluntarily withdrawn both the consolation money and the part of the claim for division of property against C among the instant lawsuit pending in the instant lawsuit.

[Ground of recognition] Each entry and video of Gap evidence Nos. 1 through 5, 12, 13, and 14 (including each number), each entry of Eul evidence Nos. 1 through 3 (including each number), the results of the financial transaction transaction information of the National Agricultural Cooperatives Federation on February 13, 2012, the order to submit a report of family investigator's preparation, and the purport of the whole pleadings.

2. The plaintiff's assertion and judgment

The plaintiff asserts that the defendant, the former wife of C, committed an unlawful act with C, and caused the failure of a de facto marital relationship between C and C, and therefore, the defendant is obligated to pay consolation money to the plaintiff with 3 million won and damages for delay. Thus, as shown in the above facts finding, C, as to whether the defendant and his children committed an unlawful act with C, paid a certain amount of money such as living expenses, computer, etc. to the plaintiff and his children living together with C, and the defendant and their children sent text messages to C, which are sent by the defendant's work in the real estate industry, so that they may seek a new return of house, and the conflict between C and the plaintiff and the plaintiff, which led to the conflict between C and the plaintiff, and there is no sufficient evidence to acknowledge the plaintiff's unlawful act with C, such as giving and sending text messages, and there is no reason to acknowledge the plaintiff's unlawful act with C and C, and there is no other evidence to acknowledge the plaintiff's unlawful act with C, and there is no reason to acknowledge it.

3. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

Judges Lee Young-jin

1) At the time of the agreement transfer and divorce, his father was the fourth-year student of an elementary school, and the children were the first-year student of an elementary school.

2) Daegu Family Court case 2012ddan10821