2015 group 36662 Objection

A

B

March 18, 2016

April 8, 2016

1. The Defendant’s District Court Decision 2013No. 2013No. 1928 against the Plaintiff is denied compulsory execution based on the Defendant’s child support payment protocol on August 16, 2013.

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

The same shall apply to the order.

1. Basic facts

A. After completing the marriage report on May 10, 2006, the Plaintiff and the Defendant divorced on August 16, 2013 on the case of applying for confirmation of the intention of divorce between the District Court Decision 2013No. 2013No. 1928, the Plaintiff and the Defendant committed a marital life with children C and D (Madu E) under the chain.

B. The statement of liability for child support in the case of the application for confirmation of intention of divorce (hereinafter referred to as the "written statement of liability for child support in this case") states that "the plaintiff shall pay 500,000 won per head from the day following the report of divorce to the defendant when the divorce was reported pursuant to this case, to the child support for minor children until the day before the child reaches each adult age."

C. From August 25, 2013 to May 29, 2015, the Plaintiff remitted 2,3850,000 won to the Defendant as child support for 22 months.

D. Defendant and F completed the marriage report on September 23, 2013, and F adopted the said C and D as full adoption around May 30, 2015.

【Ground of recognition】 The non-contentious facts, entries in Gap evidence 1, 2, and 5 (including virtual number), and the purport of the whole pleadings

2. Determination

In light of the fact that the full adoption is considered to be a child born during the marriage of the legal couple (Article 908-3(1) of the Civil Act), and that the relationship before the full adoption terminates (main sentence of Article 908-3(2) of the Civil Act), etc., it is reasonable to deem that the adoption of the full adoption results in the failure of the plaintiff to take the responsibility for bringing C and D any longer. According to the above basic facts, the plaintiff paid the full payment of the child support up to May 30, 2015, and the child support obligation does not bear the child support obligation from May 31, 2015. Therefore, compulsory execution based on the child support clause of this case should be denied.

3. Conclusion

The plaintiff's claim shall be accepted on the grounds of its reasoning.

Judges Han Jae-sung