2014drid6028 Divorce, etc.

OFAA

CB

1. QCC;

2. Weightd;

February 24, 2015

March 24, 2015

1. The plaintiff and the defendant are divorced.

2. The defendant shall pay to the plaintiff 10 million won as consolation money and 5% per annum from April 2, 2014 to March 24, 2015, and 20% per annum from the next day to the day of full payment.

3. Property division:

A. The Defendant: (a) transferred to the Plaintiff the claims listed in the [Attachment 2] List on the real estate listed in the [Attachment 1] List; (b) notified this F of the assignment of claims; and (c) handed over the real estate listed in the [Attachment 1] List;

B. The plaintiff shall pay to the defendant 30 million won with 5% interest per annum from the day following the day this judgment became final and conclusive to the day of full payment.

4. The plaintiff shall be designated as a person with parental authority and a custodian of the principal of the case.

5. The Defendant shall pay the Plaintiff KRW 80,000 per month from March 1, 2014 to December 21, 2022 with the child support of the instant principal, and KRW 400,00 per month from the next day to July 17, 2025, respectively, to the end of each month.

6. The defendant may interview the principal of the case before the principal of the case becomes adult.

(a) schedule;

1) First, third Sundays 10 to 18:00

2) During the summer and winter vacation period of the principal of this case, each of the four stuffs determined by the plaintiff and the defendant through consultation (the first day: 10: 00 to the last day: 00).

(b) Place and method;

The method by which the defendant, after having consulted with the plaintiff and the defendant, listen to the case principal's residence or the place determined by the defendant, and then proceed to the interview after having conducted the interview at the place desired by the defendant.

7. The plaintiff's remaining claim for consolation money is dismissed.

8. The costs of lawsuit shall be borne by each party.

9. Paragraphs 2 and 5 can be provisionally executed.

1. It is so decided as per Disposition Nos. 1 and 4 of this Decree.

2. The defendant served the plaintiff with a consolation money of KRW 30 million and a copy of the complaint of this case.

5% per annum from the date of declaration to the date of full payment, and 20% per annum from the following day to the date of full payment.

money shall be paid in installments, and deposit money shall be paid in respect of real estate listed in the attached Form (1) as a division of property.

5. The transfer of a claim to KRW 5 million, the notification of the transfer to the debtor, and the quantity of the principal of the case.

Land expenses shall be KRW 1 million per month from March 2014 to December 21, 2023, and the next day shall be July 2026.

17. To pay each 500,000 won per month.

1. Determination as to the claim of divorce and consolation money

A. Facts of recognition

1) The Plaintiff and the Defendant: (a) on January 19, 2003, posted a marriage ceremony on January 19, 2003; and (b) on January 20, 2004, they were married couple under the law that reported marriage; (c) two persons were born.

2) Although the Plaintiff’s elementary school dynamics, EE, who was playing at the Plaintiff’s home, was located in the Plaintiff and the Defendant’s house, the Defendant prepared and issued a letter to the effect that, upon the Plaintiff’s request, E and E did not contact the Plaintiff in front of the Plaintiff at the Plaintiff’s friendship, and that, upon the Plaintiff’s request, E and E did not contact the Plaintiff in front of the Plaintiff at the Plaintiff’s friendship, around March 2005.

3) The defendant prepared an application for confirmation of intention of divorce and delivered it to the plaintiff for divorce.

4) From around 2008, the Defendant had been running a driving range with the support of main family and wife. Since 2008, the Defendant was very poor in operating the driving range. This led to frequent occurrence between the Plaintiff and the Defendant.

5) During the marriage period, the Defendant had a large number of cases where the Plaintiff dumped the Plaintiff who dump and dumped the Plaintiff who dump after drinking alcohol, and had the Plaintiff dump with drinking alcohol on July 11, 2010, and had the Plaintiff suffered injury, such as a dump sump, sump, sump disorder, etc., requiring treatment for about two weeks when the Plaintiff dump, etc. was fumped and delayed.

6) During the marriage period, the Plaintiff had a house in which the Defendant was dissatisfied with the Defendant, and was able to see the trees frighted to the Defendant, thereby causing injury to the Defendant’s snow.

7) The Defendant made a large call to the Plaintiff to verify the Plaintiff’s schedule, etc., and around 2013, the Defendant asked the Plaintiff to the effect that in the television program dealing with the married issues of the married couple, women do not want to do so to the Plaintiff.

8) On December 12, 2013, the Defendant demanded that the Plaintiff be cruital crusal crusal crusal crusal crusal crusal crusal crusal crusal crusal crusal crusal crusal crusal crusal crusal cruscruscrusc cruscruscrusc cruscrusc cruscrusc cruscrusc cruscrusc cruscruscis

9) On February 9, 2014, the Defendant: (a) carried knife the Plaintiff and the principals of the instant case who were staying home while drinking alcohol around February 9, 2014; (b) sealed the knife on the knife, affixed the knife on the knife, and reported the knife on the knife to the police; and (c) reported the knife to the police; and (d) subsequently, the Defendant received ad hoc measure order from the Busan Family Court to prohibit access to the Plaintiff due to such domestic violence.

10) On February 9, 2014, the Plaintiff: (a) transferred the instant principal to her friendly relationship; (b) the Plaintiff and the Defendant were living separately from that time to that time; and (c) from that time, the Plaintiff has raised the instant principal from that time to that time.

11) On March 20, 2014, the Plaintiff filed the instant lawsuit seeking divorce, etc. against the Defendant.

[Grounds for Recognition] 1 to 3, 5, 6, and Eul evidence 1 (including each number); and

Videos, family investigation reports, the purport of the whole pleadings

B. Determination

According to the above facts, the marriage between the plaintiff and the defendant has been broken down to the extent that it is difficult to continue as the principal cause of violence, etc. of the defendant, which constitutes grounds for divorce prescribed in Article 840, Article 840, Article 3 and 6 of the Civil Code, and thus, the plaintiff'

Furthermore, since the marriage relationship between the plaintiff and the defendant has reached a failure due to the above reasons attributable to the defendant, and it is apparent that the plaintiff has suffered mental loss, the defendant is obligated to pay consolation money to the plaintiff. Considering the marriage period of the plaintiff and the defendant, the circumstances leading up to the failure of the marriage, and the degree of liability for the failure, it is reasonable to determine consolation money as KRW 10 million.

Therefore, the plaintiff is divorced from the defendant, and the defendant is obligated to pay to the plaintiff the consolation money of KRW 10 million and the damages for delay calculated respectively by 20% per annum under the Civil Act from April 2, 2014 to March 24, 2015, which is the day following the day on which the defendant delivered a copy of the complaint of this case to the defendant as requested by the plaintiff, to the extent of his/her duty of performance, as well as 5% per annum under the Act on Special Cases Concerning the Promotion of Legal Proceedings, etc. from the next day to the day of full payment.

2. Determination as to the claim for division of property

A. Reasons for the formation and maintenance of the common property;

1) During the marriage period, the Plaintiff was engaged in a side job while taking exclusive charge of domestic affairs and the childcare of the principals of the case.

2) The Plaintiff and the Defendant paid a lease deposit of KRW 50 million and leased a new house at the time of marriage, and the said lease deposit was the money created by the Defendant.

3) The Plaintiff and the Defendant received the Plaintiff’s parents KRW 20 million in total as the deposit for lease at the place of residence, such as receiving KRW 10 million from the Plaintiff’s parents on February 2005.

4) Around 2008, the Defendant: (a) leased a golf range facility in KRW 50,000,000 and monthly rent of KRW 1.5 million; and (b) started operating the facility of a golf range; (c) thereafter, the aforementioned lease deposit was fully deducted due to the low operation of the business; (d) paid the lessor KRW 30,000 as the lease deposit around 2012, and KRW 5,000,000 as the lease deposit around 2013.

5) The Defendant received assistance from the principal and wife while operating a golf driving range as above. As the Plaintiff’s parents received approximately KRW 25 million from the Plaintiff’s parents, and as the Defendant’s business depression low income, the Plaintiff received part of apartment management fees from the Plaintiff’s parents, and the instant principal’s private teaching institute expenses, etc.

6) Meanwhile, on July 14, 2009, the Plaintiff’s mother concluded a sales contract with LeeF on the real estate listed in the separate sheet (1) and completed the registration of ownership transfer on the 30th of the same month. The Plaintiff and the Defendant agreed to reside in the said real estate at around that time, and received the refund of the deposit for lease at the existing place of residence, and paid KRW 70,000 to LeeF.

7) On November 2014, the Defendant received a refund of KRW 10 million from a lessor for the remaining lease deposit of a golf driving range.

[Reasons for Recognition] Compared statements, Gap evidence 7, family investigation report, the purport of the whole pleadings

(b) Subjects of division of property;

According to the above facts, the common property of the Plaintiff and the Defendant, which are subject to division of property, is KRW 70,000,000,000 and KRW 10,000,000,000,000,000 as stated in the attached Table (2) on real property listed in the attached Table (1).

(c) Ratio and method of division of property;

1) Division ratio of property

In full view of the fact that the lease deposit for the new marriage house was created by the Defendant, the fact that the Plaintiff was in exclusive charge of fostering the principal of the case and domestic affairs after 2008, the operation of the Defendant’s golf practice course was replaced by the Defendant’s business, the Plaintiff and the Defendant received considerable assistance from their parents, and the Plaintiff brought up the principal of the case in the future in the future as follows: the period of actual marital relationship between the Plaintiff and the Defendant; the Plaintiff and the Defendant’s contribution to the formation and maintenance of the property subject to division of property; the degree of contribution of the Plaintiff and the Defendant to the Plaintiff and the Defendant to the formation and maintenance of the property subject to division of property; the background of marriage and marriage failure, and the economic ability of the Plaintiff and the Defendant, it is reasonable to determine the division of property by 50

2) The method of division of property

Comprehensively taking account of the circumstances revealed in the instant pleadings, such as the type of property subject to division, the current status of use, the current name and the process of acquisition, and the intent of the Plaintiff and the Defendant, the claims listed in the attached Table No. 1 of the attached Table No. 1 concerning the Busan Eastdongsan, as indicated in the attached Table No. 1, shall vest the Plaintiff with the lease deposit of the returned golf driving range in the Defendant, but it is appropriate to divide the common property in the manner that the Plaintiff pays money to the Defendant by settling the difference between the portion that the Plaintiff would ultimately return to the Defendant and the amount that the Plaintiff would ultimately return to the Defendant according to the division ratio of property.

3) Property division amount to be paid by the Plaintiff to the Defendant: 30,000 won

[Calculation Form] ① The share of the defendant according to the division of property among the net property of the plaintiff and the defendant: 40,000 won

[See = 8,200,000 won in total of the net property of the plaintiff and the defendant 】 50% in total, and the amount below the won in total]

(2) The money in the above paragraph (1) deducts the deposit for lease of a golf driving range to the defendant.

Amount: 3,1 million won

[ = 4,100,000 won - 1,000 won]

③ Division of property to be paid by the Plaintiff to the Defendant: 30,000 won

(d) Sub-committee;

Therefore, as a result of division of property, the Defendant is obligated to transfer to the Plaintiff the claims listed in the attached Form (2) on real estate listed in the attached Table (1) and notify F of the assignment of the above claims, and to grant the above real estate to the Plaintiff. The Plaintiff is obligated to pay to the Defendant damages for delay calculated with 5% per annum as stipulated in the Civil Act from the day following the day this judgment became final to the day of full payment, to the day of full payment. 3. Determination on the designation of a person with parental authority and a custodian, child support, and visitation right is required.

(a) Designation of a person with parental authority and a custodian;

In full view of all the circumstances revealed in the arguments of this case, including the fact that the plaintiff currently raises the principal of this case and has a high degree of relationship with the principal of this case, the intention of the principal of this case as to the designation of a person in parental authority and a person in parental authority, the marriage life and failure of the plaintiff and the defendant of this case, the age, gender, and parenting of the principal of this case, the intent of fostering the plaintiff, the import of the plaintiff and the defendant of this case, and the attitude of property, it is reasonable to designate the plaintiff as a person in parental authority and the custodian

(b) Child support;

As long as the Plaintiff was designated as a person with parental authority and a guardian of the principal of this case, the Defendant is obligated to share the child support as the child support for the principal of this case. In full view of various circumstances revealed in the arguments of this case, such as the age, health condition, current living environment and parenting situation of the principal of this case, the contents of the education received by the principal of this case, the age, position, occupation, economic ability, health status of the Plaintiff and the Defendant, the equity of burden, and the details of the child support calculation standard table enacted and published by the Seoul Family Court, etc., it is reasonable to determine the child support to be paid to the Plaintiff by KRW 40,000 per person of the principal of this case. Since the Defendant was married with the Plaintiff as the child support for the principal of this case and the Plaintiff was brought up solely by the principal of this case, the Defendant is obligated to pay the Plaintiff the child support for the principal of this case from March 1, 201 to December 21, 2022.

C. Interview (ex officio determination)

As long as the plaintiff has been designated as a person in parental authority and guardian of the principal of the case, the defendant, who is not a person in parental authority and guardian of the principal of the case, has the right to interview the principal of the case. In full view of the facts recognized earlier and the intentions of the plaintiff and the defendant regarding the visitation right, and the age, gender, living environment, present situation, etc. of the principal of the case, it is reasonable to determine the schedule and method of visitation right as stated in Paragraph 6 of the Disposition for the emotional stability and welfare of the principal

4. Conclusion

Therefore, the plaintiff's claim for divorce is accepted on the grounds of the above recognition, and only part of the claim is accepted on the grounds of the above recognition, and it is decided as to division of property, designation of person with parental authority and custody, child support, visitation right as above. It is so decided as per Disposition.

Judges Kim Jong-ok