2020 Maz. 201323 Change of Person with Parental Authority and Parental Authority

A

Section B.

1. Sick:

2. Fixedness;

November 4, 2020

1. The appeal of this case is dismissed. 2. Trial costs are borne by the claimant.

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 to the applicant KRW 2 million each month from the day following the delivery date of the written appeal for this case to the day of 2032 as the child support of the principal of this case, and KRW 1 million each month from the next day to the end of every month from 2035.

1. Basic facts

The following facts can be acknowledged according to the overall purport of the record and examination of this case.

A. The claimant and the other party filed a marriage report on 2012. The Busan Family Court filed an application for confirmation of intention of divorce with the Busan Family Court (hereinafter referred to as the “related divorce case”) and reported the divorce on 2017 after obtaining confirmation of intention of divorce, and the principal of the case is a child among them.

B. In the relevant divorce case, the applicant and the other party were designated as the person in parental authority and the custodian of the principal of the case, and “the applicant shall pay 300,000 won per 10,000 won per month from the day following the date of filing a divorce report to the other party for the child support for the principal of the case until the day when the principal of the case reaches each adult age.” The child support charge record was prepared. The claimant delayed the payment of the child support, and the other party applied for an order of performance as Busan Family Court 2020 business52, and on June 16, 2020 in the above case, the mediation was established that “the applicant shall pay the other party the unpaid child support amount of nine million won to the other party, which shall be paid at the last day of each month from June 2020 to February 2021.”

D. Meanwhile, the other party filed a claim against the claimant as Busan Family Court No. 2020-Ma200233 against the Busan Family Court. On June 17, 2020, the conciliation of the following contents was concluded on June 17, 2020 (hereinafter referred to as the "other party" in the conciliation clause refers to the claimant in this case, and the "party" refers to the other party in this case).

1. (A) Before the other party leaves his/her office, the other party may, in the case of the principal in the case of the case of the second week and the fourth week (the second week and fourth week demand) from the beginning to the end of the class of the school: 09 to twenty (20) from the beginning of the elementary school; 2 from the beginning of the elementary school to the beginning of the principal in the case of the principal in the case of the principal in the case of the case of the second week and the fourth week, from the beginning of the elementary school to the beginning of the principal in the same schedule as the beginning

3) From the date when the principal of the case entered a middle school ( regardless of whether he/she is in his/her position or not): Second week and fourth week, in the case of the instant principal, from 09:00 to 20:4:00 each month, the visitation right shall be held during the period determined by the consultation between the claimant and the other party: 5) and the visitation right shall be held during the annual recess, and in the case of the survey and the debate: (a) in the case of even number of pages, the visitation right shall be held during the annual recess period if the last place falls short of the number, the visitation right shall be held during the permanent recess period. The place and method of delivery shall be decided by the other party to leave the principal of the instant case into the residence of the principal of the case and take the principal of the case into the above residence again after freely having the visitation right at the place where the other party may be responsible, but the place and method of delivery may be changed to the claimant and the other party.

E. On June 16, 2020, the claimant filed a claim for reduction of child support with the Busan Family Court Decision 2020Ra20876, but withdrawn the above appeal on August 12, 2020.

F. After the divorce of consultation, the other party raises the principal of the case.

2. Judgment on the instant appeal

A. First of all, we examine the claim for change of person with parental authority and custodian. According to the overall purport of the record and examination of this case, we find out circumstances such as the fact that the principal of this case raises the principal of this case from the divorce to the date of the agreement, the principal of this case adapts to the current rearing environment, and the other party's condition or environment for fostering is not significantly different in comparison with the time of the agreement divorce. Even if the principal of this case continues to foster the principal of this case, it does not interfere with the sound growth and welfare of the principal of this case. Nevertheless, it is clear that such change is more helpful to the sound growth and welfare of the principal of this case than the maintenance of the current state of custody. The evidence submitted by the claimant alone is insufficient to recognize it, and there is no other evidence to acknowledge the claimant's claim. Accordingly, the claimant's claim for change of person with parental authority and custodian cannot be accepted, and there is no reason to establish any claim for change of the person with parental authority and custodian as the applicant for child support.

3. Conclusion

The claim of this case is dismissed as it is without merit. It is so decided as per Disposition by the court below. November 4, 2020

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