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(영문) 서울남부지방법원 2016.04.28 2015나60172
재산분할금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On August 23, 1972, the Plaintiff filed a lawsuit of divorce and consolation money, etc. with the Seoul Family Court (Seoul Family Court 2014Dhap4378) on July 21, 2014 while having been married with B after reporting the marriage with B on August 23, 1972.

B. On March 9, 2015, the Seoul Family Court established conciliation agreement that “The Plaintiff and B shall divorce, and B shall pay to the Plaintiff the amount calculated by the ratio of 25% of the private school pension amount (including the military school pension amount that the Plaintiff may receive) paid by the Defendant each month from March 2015 to the day before the Plaintiff or B dies (in this regard, B shall pay to the Plaintiff the monetary claim against the Defendant equivalent to the amount calculated by the ratio of 25% out of the private school pension amount that the Defendant received every month from the Defendant, and B shall delegate the authority to notify the Plaintiff of the transfer of the above transfer to the Plaintiff).”

C. B received retirement allowance of KRW 15,071,260 on September 2, 2013, and received KRW 3,918,070 each month from the Defendant as retirement pension.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination of the parties' arguments

A. The Plaintiff’s assertion and B paid 25% of the pension amount to be paid by the Defendant to the Plaintiff according to the Seoul Family Court’s conciliation, and the Defendant is obligated to pay 25% of the private school pension amount to B to the Plaintiff.

B. In light of the defendant's assertion, the Pension for Private School Teachers and Staff Act and the Public Officials Pension Act, a person who is entitled to claim a retirement pension to the defendant is merely a person who was a school employee, and his/her bereaved family is entitled to claim a retirement pension exceptionally, and the plaintiff's claim conflicts with the prohibition of transfer, seizure and provision of security. Therefore,

In addition, the above mediation protocol only affects the plaintiff and B, and its res judicata does not affect the defendant, so the plaintiff's assertion is without merit.

(c).

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