Text
1. The Defendant’s KRW 18,934,608 as well as 5% per annum from April 2, 2019 to May 10, 2019 to the Plaintiff.
Reasons
Facts of recognition
The plaintiff and the defendant were married on October 7, 2007, but they did not report their marriage.
After marriage, the Plaintiff and the Defendant resided together in the Gangnam-gu Seoul Metropolitan Government C Apartment D (hereinafter “instant housing”) of the Defendant’s ownership (purchase around November 2005) after marriage.
around May 2014, the defendant transferred her house to the plaintiff, and thereafter the defendant continued to reside in the house of this case.
Although the Plaintiff and the Defendant continue to be separated from each other on August 2015, they agreed to resolve de facto marriage relations, they did not agree to the division of property.
On April 6, 2016, the Defendant filed with the Seoul Family Court a claim for consolation money and a claim for division of property following the resolution of de facto marital relationship, on the ground that the Plaintiff is liable for the failure of de facto marital relationship to the Defendant.
[Court Decision 2016Dhap3707 (principal lawsuit), 2016Dhap38481 (Counterclaim) (hereinafter “related lawsuit”). On May 17, 2018, the above court concluded the pleading and rendered a judgment on July 26, 2018, and determined as follows regarding the claim for division of property.
The instant house is subject to division of property if the Plaintiff’s unique property acquired prior to de facto marriage, or if the other spouse’s family labor, etc. contributed directly or indirectly to maintaining the property that was acquired prior to marriage. Since the Defendant was recognized to have cooperated in the maintenance of the instant house while taking full charge of household affairs during the de facto marriage with the Plaintiff during the de facto marriage period, the instant house is subject to division of property. The instant house is subject to division of property: (a) the instant house, which is the property subject to division, belongs to the Plaintiff according to the current name; (b) the Plaintiff is 183,750,000, which is the Plaintiff’s share of property division (i.e., 1., 1.22,5 million won at the market price of the instant house x 15 percent) in cash, with the proportion of Defendant 15 percent and Plaintiff 85 percent (i.e., the relevant judgment in a lawsuit shall be determined to determine the amount of property division