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(영문) 서울행정법원 2019.05.09 2018구합4892
유족연금 미해당결정취소청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The deceased B (hereinafter referred to as “the deceased”) died on October 26, 2014, and the deceased joined the national pension and paid the national pension premium for a total of 159 months, excluding any period from April 20, 199 to the time of death.

The Plaintiff filed a claim for a survivor pension against the Defendant on the ground that he/she was in a de facto marital relationship with the Deceased, but the Defendant rendered a decision on April 11, 2018 on the ground that the Plaintiff did not constitute a de facto marital spouse at the time of the Deceased’s death, and thus does not constitute a beneficiary of a survivor pension under Article 73(1)1 of the former National Pension Act (amended by Act No. 14214, May 29, 2016; hereinafter the same).

(hereinafter “instant disposition”). Decision

1. C and D (hereinafter referred to as “Defendants” in this Schedule) shall perform each of the following procedures: (a) the Plaintiff (A) shall have the property division of 1/2 shares of each of the real estate listed in the separate sheet as property division by July 15, 2016, based on the fixed date of the decision to recommend the settlement of the instant case’s property division.

2. Except as provided above, the Plaintiff and the Defendants confirm that their active and negative properties currently owned by both parties belong to their respective names, and they do not claim money under any pretext, such as consolation money, division of property, etc.

3. The plaintiff waives the remaining claims.

4. The costs of lawsuit shall be borne by each person;

Description of Claim

The deceased of the claim shall pay to the plaintiff 50,000,000 won with 15% interest per annum from the judgment of this case to the day of complete payment.

The Deceased shall pay to the Plaintiff 436,549,401 won as division of property and 5% interest per annum from the day following the day this judgment became final and conclusive to the day of complete payment.

The plaintiff and the deceased were in a de facto marital relationship, but the plaintiff caused the plaintiff to file the claim in this case on the ground of an unfair destruction by the deceased.

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