2015drid 1365 Divorce and Division of Property

Gender AA (*********** 2**********))

Busan Address

The place of delivery shall be the Yangsan City

Busan District Court

ThisB (***************************))

Last Address Busan

Busan District Court

September 22, 2015

October 6, 2015

1. The plaintiff and the defendant are divorced.

2. The defendant shall implement the registration procedure for transfer of ownership based on the re-division of the fixed date of this judgment with respect to the real estate stated in the attached list as division of property to the plaintiff.

3. The costs of lawsuit shall be borne by the defendant.

The order is as set forth in the text.

1. Facts of recognition

A. On February 19, 1979, the plaintiff and the defendant are legally married couples who reported their marriage on February 19, 1979, and the above two persons were born this sonCC (** *. *. *. * * 19*. *. *. *. *. *) and ASEAN.

B. On June 7, 1992, the Plaintiff and the Defendant purchased real estate listed in the separate sheet (hereinafter “the apartment of this case”) and completed the registration of ownership transfer in the name of the Defendant on October 6 of the same year. In order to prepare the purchase price at the time of the purchase of the apartment of this case, the Defendant borrowed a large discount or this* the husband of this case* * the husband of this case * KRW 30 million.

C. In around 1997, the Defendant: (a) went to work overseas; (b) paid a little amount of money due to living expenses, etc. to the original High Court from around 2000; (c) but thereafter, did not send all the money to the Plaintiff.

D. The Plaintiff operated Lestop and repaid all of the above loan obligations * from the end of 1998 to the end of 2002 due to profits, etc.

E. After the Defendant left home as above, the Plaintiff was in charge of raising and educating his children, and the Defendant’s father’s religious history and marriage of his children were also dealt exclusively with.

F. On November 2004, the Defendant participated in the marriage ceremony at the time of marriage by her husband andCC, but thereafter, did not contact with the Plaintiff and its children.

G. At the time of the closing of the instant apartment, the market price is equivalent to KRW 130,000,000,000 around the day of the closing of the instant apartment.

[Grounds for Recognition] Each entry in Gap evidence 1 to 9 (including each number), and witness * the testimony;

The purport of all pleadings

2. Determination as to the claim for divorce

According to the above facts, the marriage between the plaintiff and the defendant has reached a failure to continue due to the abandonment, etc. of the defendant, which constitutes grounds for divorce under Article 840, Article 840, Article 2 and 6 of the Civil Code. Thus, the plaintiff's claim for divorce is justified.

3. Determination as to the claim for division of property

According to the above facts, the property jointly formed by the plaintiff and the defendant during the marriage shall be the apartment of this case. The plaintiff and the defendant purchased the above apartment of this case after about 12 years have passed since they were married, the defendant avoided long-term support for the plaintiff and their children, and brought up independently the minor children for several years, and if the plaintiff did not endeavor to maintain and manage the above apartment of this case, the above apartment should not be disposed of for the purpose of using them as living expenses, child support, etc. of the plaintiff and their children. If the plaintiff is transferred the ownership of the above apartment of this case from the defendant on the date of the third change of the division of property of this case, the plaintiff stated that it will not claim child support and consolation money to the defendant in the future. The market price of the above apartment of this case as seen above, the degree of contribution of the plaintiff and the defendant to the formation and maintenance of the above apartment of this case, the process of marital life against the plaintiff and the defendant, the circumstances leading up to marriage, and the age and livelihood of the plaintiff and the defendant.

4. Conclusion

Therefore, the plaintiff's claim for divorce and division of property is accepted as all.

Judges Kim Jong-ok