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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On November 28, 1990, the Plaintiff (CB) reported a marriage with the Defendant on November 28, 1990, filed an application for divorce conciliation (the Seoul Family Court 2019p.35786) against the Defendant on April 1, 2019. On August 23, 2019, a divorce conciliation was established between the Plaintiff and the Defendant (hereinafter “instant conciliation”).
B. In the instant conciliation, the protocol for conciliation containing the following provisions was prepared.
1. The applicant (the plaintiff of this case) and the respondent (the defendant of this case) shall be divorced.
2. With respect to division of property, the claimant and the respondent shall:
(b)
C. The applicant may exercise his right to claim the divided pension against the respondent, and the amount of the applicant's divided pension shall be 45% of the pension that the respondent receives every month.
(b)
4. Except as provided above, the claimant and the respondent shall waive all of their property claims related to this case, such as consolation money, division of property, and other damages, to the other party, and shall not institute any dispute (including both civil, criminal, household affairs, etc.) with respect to them.
In February 2017, the defendant served as D University faculty members and retired from office on February, 2017, and thereafter, the retirement pension of 3,484,390 won is paid each month by the Korea Teachers Pension Corporation.
On the other hand, Article 45 of the Public Officials Pension Act, which applies mutatis mutandis to Article 42 of the Pension for Private School Teachers and Staff Act, stipulates the pension recipients as follows.
Article 45 (Divided Pension Beneficiaries, etc.) (1) If a person who has been married for at least five years (referring to the period excluding the period during which his/her spouse has not existed any substantial marital relationship due to reasons, such as separation and separation from one's place of service as a public official; hereinafter the same shall apply) meets all the following requirements, the period during which he/she is alive: