2015Dhap200404 Divorce, etc.

ParkAA (*********** 2**********))

Address Busan Shipping Daegu

Head of the reference domicile

Law Firm Doz.

(************************))

Busan Southern-gu

Busan Central District of Service

Head of the reference domicile

2. KimCC (********* 2*********)

Busan Shipping Daegu

[Defendant-Appellant] Defendant 1

January 14, 2016

February 4, 2016

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

The Plaintiff and Defendant SeoBB shall be divorced. The Defendants jointly and severally pay to the Plaintiff the amount of KRW 100 million per annum from the day following the delivery of the copy of the complaint of this case to the day of this judgment, and the amount calculated by applying 20% per annum from the next day to the day of complete payment. Defendant SeoB shall pay to the Plaintiff the amount calculated at the rate of 20% per annum from the day after the delivery of the copy of the complaint of this case to the day of full payment. Defendant SeoB shall pay to the Plaintiff the amount calculated at the rate of 1,07, 271, 636 per annum from the day after the delivery of the copy of the complaint of this case to the day of full payment, and shall implement the procedure for registration of ownership transfer to the real estate (hereinafter “the apartment of this case”).

1. Facts of recognition;

A. The plaintiff and defendant SeoB are the couple who completed the marriage report on December 13, 1989.

B. On November 26, 2012, the Plaintiff filed a lawsuit seeking consolation money against Defendant KimCC on the ground that Defendant SeoB committed an illegal act with Defendant KimD and Defendant KimCC (this Court Decision 2012Dhap3695 case, hereinafter referred to as “related case”).

C. On March 20, 2014, this Court concluded the pleadings in the relevant case, and rendered a judgment on May 15, 2014, including “on the ground of fraudulent act as alleged by the Plaintiff,” and “B” and “B” on the ground of divorce as alleged by the Plaintiff. As consolation money to the Plaintiff, Defendant CB was rendered to the Plaintiff, and Defendant KimCC paid KRW 15,000,000 out of each of the said money to Defendant SeoB and each of the said money to the Plaintiff.”

D. The Defendants appealed (the Busan High Court Decision 2014Reu312) and the part against Defendant KimCC in the above judgment became final and conclusive as it is on December 1, 2014 as the withdrawal of appeal.

E. Meanwhile, around December 2014, the Plaintiff and Defendant SeoB made each of the following contents (around December 2014, hereinafter referred to as the “instant arrangement”). After the Plaintiff’s withdrawal of the lawsuit, the part against Defendant SeoB in the relevant case against Defendant SeoB was concluded as the withdrawal of the lawsuit on December 13, 2014.

I WestB is the husband of MaJ and his family member's happiness during the past marriage life as the husband of MaJ.

In particular, it is hard to find out the mind of Park Jong and make it difficult to do so without doing its best.

It shall be against this, and shall make every effort for family and family in the marriage life in the future, and shall be made by the wife.

Doing that the husband is able to erase the unleash and unrush against her husband who is he/she he/she he/she he/she is he/she is he/she in the chest;

I swear see that I will live as a true person.

Accordingly, I agree to add and follow the following articles:

- 80,000,000, as a condition for compromise, and the remaining 20,000,000

additional 150,000 shall endeavor to pay in a year. Additional 15,000 shall be paid in a year.

- does not interfere with the daily life of each wife and leave it to self-regulation.

-to respect the comments of, and to leave their own autonomy as to the participation of, the wife in the agency of the home;

(c)

- It shall be entrusted to the self-regulation that is used in cash, precious metals, etc. owned by the wife.

- After this time respect each other's property and residence and do not require any property requirement each other.

Efforts shall be made so as to be consistent within a high-speed time. The husband shall have a very high amount of money every month.

shall be payable to the Corporation.

F. On February 15, 2015, the Plaintiff: (a) filed the instant lawsuit on Nab, and April 7, 2015, by asserting that the Plaintiff filed the instant lawsuit with Defendant SeoB.

[Grounds for recognition] Each period of Gap evidence Nos. 1, 3, 5, and 6 (including each number, if any) and the purport of the whole pleadings

2. Determination as to the claim against Defendant SeoB

A. The plaintiff's assertion

Defendant WestB committed an unlawful act with KimD from around 1991 to around 2002 (hereinafter referred to as "divate") and committed an unlawful act with Defendant KimCC, etc. from around 2008 (hereinafter referred to as "divored agent ②), and ③ After December 2014, the Plaintiff did not enter the house while continuing to engage in such unlawful act as living with Defendant KimCC, and did not enter the house (hereinafter referred to as "civa for divorce"), and ④ around February 15, 2015, the Plaintiff exercised violence during the marriage of the husband and wife and paid the Plaintiff living expenses from around that time, and the Plaintiff did not have any relationship between the Plaintiff and the Plaintiff’s property division and the Plaintiff’s property division (hereinafter referred to as "diva for divorce"). Accordingly, the Plaintiff and the Plaintiff reached the divorce and the Plaintiff’s property division.

B. Part on the claim for divorce

1) As to the grounds for divorce ③

The statement Nos. 2 and 6 alone is insufficient to acknowledge that the Defendants committed fraudulent acts after the withdrawal of the relevant lawsuit, and there is no other evidence to acknowledge it.

2) As to the grounds for divorce

Defendant SB shall be accompanied by the liquid during the dispute with the Plaintiff on February 15, 2015, and shall be accompanied by the son during the dispute with the Plaintiff.

C. The fact is that the Plaintiff did not pay the Plaintiff’s living expenses from around that time. In addition to the facts acknowledged earlier, the following circumstances revealed by the entire purport of the pleadings, namely, the Plaintiff’s illegal act in the relevant case and the instant case, namely, the Plaintiff’s principal divorce agent, while Defendant DB did not submit materials to deem that it had an effect on a marriage by showing a usual violent tendency, and the Plaintiff filed the instant lawsuit seeking divorce, etc. for the occurrence of the foregoing case, even if two months have not passed thereafter, it is difficult to deem that the marriage relationship in the instant case was broken down due to the foregoing reasons.

3) As to the grounds for divorce ① and ②

Inasmuch as the fact that the plaintiff filed a lawsuit on the grounds of divorce ①, ② after the judgment of the first instance court, the withdrawal of the lawsuit after the judgment of the first instance court is as seen earlier, seeking a divorce against the defendant SeoB in this case, and claiming the same reason should not be allowed against the principle of prohibition of re-instigation.

In regard to this, the Plaintiff asserted that, as Defendant SB violated the instant agreement, which was the premise for the withdrawal of the lawsuit in question, by engaging in the same conduct as the grounds for divorce ③ and ④, the grounds for divorce ①, ② the grounds for divorce, and that the change of circumstances that should be permitted to file a lawsuit again pursuant to the instant agreement. However, the same fact cannot be acknowledged as the grounds for divorce ③ Furthermore, examining the progress of the relevant case, the contents and details of the instant drug definitions, the process leading up to the instant lawsuit following the instant agreement, etc., the grounds for divorce ④ alone, is difficult to deem that the grounds for divorce ① and ② new intention to allow a claim for divorce pursuant to the instant agreement has occurred.

4) Therefore, all the grounds for divorce asserted by the Plaintiff cannot be accepted, and the Plaintiff’s claim for divorce is without merit.

C. The consolation money and the part claiming division of property

There is no plaintiff's claim for divorce, and there is no reason for both the plaintiff's claim for consolation money and division of property on the premise of divorce between the plaintiff and the defendant BB.

3. Determination as to the claim against Defendant KimCC

A. The plaintiff's assertion

Even after the closing of argument in the relevant case, the Defendants committed unlawful acts, such as living together. Accordingly, the Plaintiff sought consolation money against Defendant KimCC.

B. Determination

The written evidence Nos. 2 and 6 is insufficient to recognize and determine the above alleged facts, even if the purport of the entire argument is neglected.

Therefore, the plaintiff's claim for consolation money against defendant KimCC is without merit.

4. Conclusion

Therefore, the plaintiff's claim against the defendants is without merit, and all of them are dismissed. It is so decided as per Disposition.

Judges Do-constition

Judges Kim Jin-jin

Judges Park Jong-hee