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(영문) 서울행정법원 2019.05.17 2018구합81936
분할연금 지급에 따른 연금액 변경처분 취소 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On June 9, 1983, the Plaintiff married with B on August 12, 2004, but filed a divorce lawsuit (the Seoul Family Court 2004ddan59488) against B on August 12, 2004, and the following adjustments were concluded on December 15, 2004.

(hereinafter “instant conciliation”) 1. The Plaintiff and B are divorced.

2. The plaintiff shall pay 170,000,000 won to B as consolation money and division of property until December 31, 2004, and shall pay 1,00,000 won per month as living expenses from January 1, 2005 to December 31, 2007, and shall pay 1,00,000,000 won in case where B is hospitalized in a hospital during the above period.

3. B shall purchase a house with the consolation money and the division of property paid by the Plaintiff, and shall not dispose of the house without prior consultation with the Plaintiff for the period from January 1, 2005 to December 31, 2007.

4. If B does not comply with the above Paragraph 3, the plaintiff may refuse to pay the living expenses and medical expenses under Paragraph 2 of the same Article from that time.

5. Both parties shall waive their respective property claims related to the divorce of this case, such as consolation money and division of property, respectively.

6. The costs of lawsuit and mediation shall be borne by each person.

B. On October 20, 2012, the Plaintiff acquired entitlement to an old age pension and received an old age pension from November 2012.

C. On January 24, 2018, B claimed the Defendant to pay the divided pension for the Plaintiff’s old age pension, and the Defendant decided on October 22, 2017 on February 13, 2018 on the date on which the cause for payment occurred.

On February 13, 2018, on the ground that B received a divided pension from November 2017, the Defendant issued a disposition to change the amount of the Plaintiff’s old age pension on February 13, 2018, and notified the Plaintiff, on the 23th day of the same month, to pay the amount to be recovered to B due to the Plaintiff’s claim

(hereinafter “Disposition in this case”). 【No dispute exists, entry of Gap 1 through 3, 6, and 7 evidence, the purport of the whole pleadings

2. The plaintiff's assertion.

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