1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

The Plaintiff, as the Seoul Family Court 2016Dhap40866, filed a claim for divorce and division of property against B, who was the spouse, and was sentenced to a judgment on April 5, 2018.

However, as to the above judgment of the first instance court, the Seoul High Court appealed as 2018Reu21302, and the above court rendered a judgment that changed the part concerning division of property among the above judgment of the first instance court on September 19, 2018 (hereinafter “instant property division judgment”) as follows.

property division;

A. B shall pay to the Plaintiff 808,000,000 won with 5% interest per annum from the day following the day this judgment became final to the day of complete payment.

B. B shall pay to the Plaintiff money equivalent to 40% of the amount of military personnel’s pension paid each month by the Armed Forces Finance Management Board from the day following the day this judgment became final and conclusive to the day before the Plaintiff or B dies.

C. From the day following the date this decision became final and conclusive, 50% of the national pension amount that B receives every month from the National Pension Service shall be divided into the Plaintiff.

B Re-appealed to the above appellate judgment, but the appeal was dismissed on December 14, 2018, and the above appellate judgment became final and conclusive.

[Ground of recognition] The Plaintiff asserted that there was no dispute, Gap evidence Nos. 1, 2, and 3, and the purport of the entire pleadings, and the Plaintiff claimed that the Plaintiff paid 40% of the military pension received by Eul to the National Armed Forces Finance Management Body according to the instant property division judgment.

However, the person in charge refuses to pay pension on the ground that he/she did not follow the procedures for claiming the divided pension under the Military Pension Act or the Enforcement Decree, and he/she responded to the purport that if the plaintiff files a lawsuit claiming the payment of the divided pension, it may be divided according to the court decision.

Accordingly, the Plaintiff is to receive 40% of the military pension to be paid by the Defendant to B in installments according to the instant judgment on division of property.