2015Reu2005. Divorce, etc.

2015Reu20012 (Counterclaim) Divorce, etc.

KimA (************ 2***********)))

Busan Address

Reference domicile:

Attorney Lee Do-young

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

Busan Address

Reference domicile:

Attorney Lee Do-young

1.CC (********** 3*********))

2. Eddd (********* 4********))

3. E (********* 4**********))

The case principal (Counterclaim Plaintiff) is the same as the address and original domicile of the Plaintiff (Counterclaim Defendant)

Busan Family Court Decision 2013Ddan 12453 decided December 17, 2014 (principal lawsuit),

2013dern 201154 (Counterclaim)

January 14, 2016

February 4, 2016

1. The division of property among the judgment of the first instance court, including a counterclaim for division of property brought at the trial court, shall be modified as follows:

property division:

A. Plaintiff (Counterclaim Defendant) shall implement the procedure for ownership transfer registration based on the fixed date of this judgment with respect to 1/2 shares of the real estate listed in the attached Table 1 list to Defendant (Counterclaim Plaintiff).

B. Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff 133,400,000 won with 5% interest per annum from the day following the day this judgment became final to the day of complete payment.

2. Of the judgment of the court of first instance, the designation of a person with parental authority or a custodian, delivery of a child, child support, and visitation rights shall be changed as follows:

A. The Defendant (Counterclaim Plaintiff) is designated as a person with parental authority and custodian of the principal of the case.

B. The Plaintiff (Counterclaim Defendant)’s claim for infant delivery is dismissed.

C. From February 5, 2016 to the day before the principal of the case reaches each adult age, Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) the Defendant KRW 300,000 per capita per capita of the case from February 5, 2016 to the day before the principal of the case reaches each adult age.

D. The Plaintiff (Counterclaim Defendant) may interview the instant principal by the day before the principal reaches each adult age as follows.

1) A) Second (A) each month, fourth day from 00 to 19: 00 B) each seven days each time designated by the Plaintiff (Counterclaim Defendant): The place designated by the Plaintiff (Counterclaim Defendant) for each two days each day: The method of Plaintiff (Counterclaim Defendant Defendant Defendant)’s moving to the residence of the principal of the case and moving back again by the Plaintiff (Counterclaim Defendant).

4) The schedule set forth in Paragraph 1 above may be changed by subsequent consultation according to the schedule of the principal of the case, and the intent of the principal of the case shall be respected to the maximum extent possible.

5) The Defendant (Counterclaim Plaintiff) shall actively cooperate with the Plaintiff (Counterclaim Defendant) so that the above visitation right can be achieved smoothly, and shall not interfere therewith.

3. The remaining appeals by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed, respectively.

4. The total costs of a lawsuit shall be borne by each party, including a principal lawsuit and a counterclaim.

5. Paragraph 2(c) of this Article may be provisionally executed.

1. Purport of claim

Main Action: Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) and Defendant (Counterclaim Plaintiff; hereinafter “Defendant”)

A. The Defendant is divorced from the Plaintiff’s property division on the real estate indicated in the separate sheet No. 1 (hereinafter “instant apartment”).

(d) one/2 of the shares shall be subject to the procedures for the registration of ownership transfer, and such procedures shall be completed.

immediately order and leave the apartment of this case, 97, 117, 745 won, and the final judgment

The defendant shall pay to the plaintiff 5% interest per annum from the day after the day to the day of full payment. The defendant shall pay to the plaintiff

The consolation money shall be KRW 30 million and 20% per annum from the judgment of the court of first instance to the date of full payment.

D. Payment of the amount calculated by the proportion of the principal of this case. The plaintiff shall be a person with parental authority and a custodian for the principal of this case

The defendant shall determine the plaintiff, and the defendant shall deliver the principal of the case to the plaintiff and shall not deliver the principal of the case.

The defendant shall pay 500,000 won per day after the day following the pronouncement of the child support for the principal of this case to the plaintiff.

By April 1, 2023, 4,971,00 won per month, and by August 17, 2028, each month from the following day to August 17, 2028

1,732,00 won each month shall be paid on the first day of each month (the plaintiff shall expand the claim for the child support in the trial of the court.

C) .

Counterclaim: The plaintiff shall be divorced by the defendant. The plaintiff shall be consolation money of 50 million won and its substitute for the defendant.

20% interest per annum from the day after the date of the first instance judgment to the day of full payment.

D. The Defendant shall be divided into property division to the Plaintiff, and the ownership of 1/2 of the apartment of this case shall be vested in the Plaintiff.

10, 939, 579 won and the following day from the day after this judgment becomes final and conclusive, in the course of the previous registration procedure;

D. The amount shall be paid at the rate of 5% per annum from the date of full payment. The person with parental authority and custodian of the principal of the case

(2) The Plaintiff shall designate the Defendant as the Defendant. The Plaintiff shall pay the Defendant the child support of the principal of the case at KRW 37,800,000, and KRW 2015.

1. From January 1 to April 1, 2023: 2,100,00 won per month and from the day following that until August 17, 2028;

Each payment shall be made in 700,000 won (the defendant shall add a claim for division of property at the trial and claim for child support.

We changed the issue).

2. Purport of appeal

In this case, the part against the plaintiff in the judgment of the court of first instance shall be revoked.

the same judgment as the statement in the purport is sought.

Counterclaim: Revocation of the part against the defendant in the judgment of the first instance. Any counterclaim claim falling under the above part of the revocation shall be revoked.

the same judgment as the statement in the purport is sought.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Determination on the claim for divorce and consolation money

(a) Facts of recognition;

1) On February 21, 2000, the plaintiff and the defendant had the principal of the case as the husband and wife who completed the marriage report.

2) The Plaintiff and the Defendant frequently disputed the difference between their values, character, life, and method of fostering. In particular, the Plaintiff was negligent in raising the principal of the case, and the Defendant committed a threatening act, such as abusive language or gathering goods, etc. to the Plaintiff. 3) As the married life of the Plaintiff and the Defendant continued, the dispute between the two parties became more frequent and repeated, and the conflict became worse. 4) From that time, the Plaintiff went to their friendship on April 23, 2013, and the Defendant was living separately.

[Ground of recognition] Gap evidence Nos. 1 through 6, 10, 11 (including the number of branches; hereinafter the same shall apply), Eul evidence Nos. 1, Eul family investigation report, and the purport of the whole pleadings

B. Determination

1) Claim for divorce of principal lawsuit and counterclaim: Each claim for consolation money for the principal lawsuit and counterclaim is reasonable on the grounds of Article 840 subparagraph 6 of the Civil Code. 2) No reason exists.

[Grounds for Determination]

① Recognition of the failure of marriage: The above facts and the defendant wanted divorce between the plaintiff and the defendant through the counterclaim of this case, and did not make any effort to recover the marriage, and the plaintiff and the defendant appear to have deteriorated to the extent that the marriage relationship between the plaintiff and the defendant could not be recovered. ② The liability for failure of marriage is equally equal to the plaintiff and the defendant. The plaintiff is the cause of the failure of the marriage of this case. The defendant's verbal abuse, violence, and unfair treatment of the defendant, and the defendant's family care and child care. Considering the overall purport of the arguments in the above facts, the plaintiff and the defendant continued to criticize the other party by continuously taking their own position and making efforts to reduce the other party with understanding and consideration, rather than making efforts to resolve conflicts during the marriage period. Accordingly, the plaintiff appears to have neglected the liability of this case, and the defendant's action against the plaintiff, which led to the failure of marriage of this case. Accordingly, it seems to be more serious to cause the failure of marriage of this case.

In addition, the reason for the reason for the dissolution of the marriage alleged by the plaintiff and the defendant is insufficient to recognize the fact of the allegation only by the evidence submitted to this court, or it is not sufficient to recognize that such circumstance has a major reason for damaging the marriage relationship between the plaintiff and the defendant. Thus, it is not acceptable for the reason for the dissolution of the marriage in this case

C. Sub-decision

Therefore, the plaintiff and the defendant are divorced by the main lawsuit and counterclaim, and the plaintiff's claim for consolation money and the defendant's counterclaim consolation money are dismissed.

2. Determination on the claim for division of property

A. During the marriage period, the Plaintiff was in charge of domestic affairs and rearing during the period of marriage, and was able to assist in the family affairs of the friendly family and the her mother family and her mother family and was able to earn income.

2) The Defendant earned income of KRW 1,90,000,000, more than KRW 1,000, more than KRW 1,000 while driving a driving school instructor, etc.

3) On June 20, 2002, the Plaintiff was donated from his father Kim FF of Busan** Gu** Dong********** apartment shopping district*** Dong*****, from that time, used the monthly rent of KRW 700,00 from the above commercial building as the daily cost.

4) The Plaintiff and the Defendant purchased the instant apartment on April 20, 2009, and completed the registration of ownership transfer with respect to each of 1/2 shares on July 20, 2009, respectively.

B. Property to be divided and value 1) Property to be divided: The same is as indicated in the attached Form 2 List of Property Specifications (the property to be divided shall be the base point of June 3, 2013, which is the date of the principal lawsuit of this case, at the time when the failure of the original and the defendant's marital relationship is substantially confirmed, and the subsequent change details shall be reflected in consideration of whether the couple's joint contributions, etc.).

2) The value of the Plaintiff’s net property: KRW 427, 794, 216B) Defendant’s net property: KRW 269, 769, 782C): KRW 697, 563, 998

[Ground of recognition] Evidence No. 7-4, Evidence No. 31-1, 2, Evidence No. 25, 33-2, Evidence No. 16 and 22 of this Court, and the court's order to submit financial transaction information on the life insurance, the whole pleadings are conducted. Determination as to the assertion on the property subject to division

Of the attached Form 2 List of Property Specifications and the annexed Form 3, each of the parties' arguments and judgments shall be as shown in the column.

D. Division ratio of property and method 1): Plaintiff 50%, Defendant 50%

[Grounds for judgment] The method of division of property as mentioned above, such as the level of original and defendant's contribution to the formation and maintenance of the property subject to division, the process and period of marital life in this case, the original and defendant's age, occupation, and the time and circumstances of each acquisition of the property subject to division, and the defendant's custody of the principal in this case, etc., are various circumstances shown in the argument in this case: considering the various circumstances revealed in the argument in this case, the defendant is seeking to rear the principal in this case, and in order to rear the principal in this case, stable dwelling is necessary; the market price of the property; the form of the property subject to division; the current ownership and the situation of use; and the situation of the present ownership and acquisition, etc., the plaintiff completed the registration of transfer of the ownership of the plaintiff's share among the apartment in this case; the other property shall vest in the name of each party; and the part of the amount to be reverted

(3) Property division amount to be paid by the Defendant to the Plaintiff: KRW 133,400,000

【Calculation Form】

① The Plaintiff’s share according to the division rate of property among the Plaintiff and Defendant’s net property

Total net property 697, 563, 998 won x 50% = 348, 781, 999 won

② Of the instant apartment, the Plaintiff’s net property 215,294,216 won ( = Plaintiff’s net property 427,794, and 216 won) in the case of transferring the Plaintiff’s share to the Defendant among the instant apartment buildings (the value of Plaintiff’s share 212,50,000 won in the instant apartment among the instant apartment)

③ The difference between the above paragraphs (1) and (2) 348, 781, 99 won - 215, 294, and 216 won = 133, 487, and 783 won ④ Property division amount the Defendant pays to the Plaintiff.

③ The amount under the above paragraph is less than 133,400,000 won

E. Sub-decision

Therefore, with division of property, the Plaintiff is obligated to transfer ownership registration for one-half portion of the apartment of this case to the Defendant based on the fixed date of this judgment, and the Defendant is obligated to pay to the Plaintiff 13,400,000 won and damages for delay calculated by the rate of 5% per annum under the Civil Act from the day following the day this judgment becomes final and conclusive to the day of complete payment.

3. Determination as to the designation of a person with parental authority or a custodian, delivery of a child, claim for child support, and visitation right (ex officio)

A. Part on the claim for designation of a person with parental authority or a custodian

In full view of all the circumstances revealed in the arguments of this case including the plaintiff and the defendant's living and failure failure situation, the age and custody situation of the principal of this case, and the intention of the parties, it is reasonable to designate the defendant as the person with parental authority and the guardian of

B. Since the defendant was designated as the person in parental authority and custodian of the case principal on the part of the claim for delivery of an infant, the plaintiff's claim for delivery of an infant is without merit without any need to examine further.

C. Part of claim for child support

As the mother of the principal of this case is responsible for fostering the principal of this case together with the defendant, the plaintiff is obligated to pay the child support for the principal of this case. Considering all circumstances revealed in the arguments of this case, such as the plaintiff and the defendant's economic ability, the age and parenting status of the principal of this case, it is reasonable to determine the child support for the principal of this case to be borne by the plaintiff by 30,000 won

However, prior to the date of this decision, taking into account the circumstances surrounding the Defendant’s custody of the principal of the case.

The defendant's claim for child support corresponding to the period shall not be accepted.

D. The visitation right (ex officio determination) is set forth in Section 2-D. of the Disposition, taking into account the age, living environment, intent, etc. of the principal of the case.

4. Conclusion

Therefore, all of the plaintiff's claims for divorce against the principal lawsuit and the defendant's counterclaim shall be accepted, and all of the claims for consolation money and counterclaim shall be dismissed, without merit. As to the claims for division of each division of property of the principal lawsuit and counterclaim, the person with parental authority or custody, the designation of child support, the claim for delivery of child support, and the visitation right (ex officio), it is reasonable to conclude that the part of divorce and consolation money in the judgment of the first instance is justifiable. Accordingly, the part of this part of the appeal by the plaintiff and the defendant is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the division of property, designation of person with parental authority and custody, child support, delivery of children, and visitation right.

Judges Do-constition

Judges Kim Gin-jin

Judges Park Jong-hee