2014Dhap200421 Divorce, etc.

KimA (************ 2***********)))

Busan Address

Busan District Court

Attorney Lee Do-young

1. The twoB (*********1************))

Busan Address

Busan place of service

Busan District Court

Law Firm Doz.

2. ParkCC.

Busan Address

Busan place of service

July 16, 2015

September 24, 2015

1. The plaintiff and the defendant YangB shall be divorced.

2. The plaintiff's claim for consolation money against the defendants is dismissed in entirety.

3. Property division:

A. The Plaintiff confirmed that Defendant YangB had the right to claim the settlement of shares on May 30, 2014, with the ownership of 1/2 of the property listed in the attached Table 2 of the detailed statement of property in the attached Table 2, against Defendant YangB.

B. Defendant 2B shall implement the pre-registration procedure with respect to each of the 1/2 shares in the annexed Form 3 Nos. 1 through 11 of the annexed Table 3 of the Divided Property List to the Plaintiff. The Plaintiff shall be exempted from 1/2 of the obligations listed in the annexed Table 3 of the Divided Property Statement No. 12 of the Divided Property List to the Plaintiff.

4. Of the costs of lawsuit, 1/2 of the portion arising between the Plaintiff and the Defendant YangB shall be borne by the Plaintiff, the remainder by the Defendant YangB, and the part arising between the Plaintiff and Defendant ParkCC shall be borne by the Plaintiff.

The defendants shall jointly and severally pay to the plaintiff 50,00,000 won as consolation money, and 5% per annum from the day following the judgment to the day of the judgment, and 20% per annum from the next day to the day of full payment. The defendant YangB shall pay to the plaintiff 5,245,00,000 won as division of property, and 20% per annum from the day of the judgment to the day of full payment. The defendant YangB shall pay to the plaintiff 5,245,00 won as division of property, and the amount equivalent to 50% per annum from the day of the judgment of this case to the day of full payment.

1. Facts of recognition;

(a) Family relationship;

On July 13, 1977, the plaintiff and the defendant YangB made a marriage report and between them, YangD (***** year) and Yang E (*** year) with children.

(b) Reasons for the formation of property and the dissolution of marriage during marriage;

1) Defendant 2B worked as a seafarer at the time of marriage, and the Plaintiff, while in charge of family affairs and rearing, operated the household as well as two chief officers.

2) The Plaintiff and the Defendant YangB commenced the business of constructing and selling a new building jointly from around December 1998. The Plaintiff’s business of managing funds and selling the building; the Defendant, as well as the Defendant, purchased a new site and continued the business by constructing a new building and selling or leasing it.

3) The Plaintiff and the Defendant YangB continued to engage in the business in the name of ‘*** Construction' from around 2010, and receive profits from the sale or lease of the business in the name of ‘Gu****** Dong**************, such Gu**************************************************.

4) On May 21, 2013, the Plaintiff and the Defendant YangB changed the name of "after the purchase of an apartment and the remodeling work,"*** old*** such**************************** apartment, and then sold it in lots.

5) The Plaintiff and the Defendant YangB agreed to purchase Busan**** Dong********************* land (hereinafter referred to as “instant land”) in the aggregate of KRW 1.66 million and KRW 6.5 million until March 4, 2014, and paid KRW 6.5 million in the aggregate by April 50, 2014, while purchasing KRW 2.655 million in the instant land (hereinafter referred to as “instant land”).

6) Upon dispute between the Plaintiff and the Defendant YangB regarding the raising of business funds and the distribution of profits, the Defendant YangB registered the transfer of ownership in the name of both the Defendant and the Defendant YangB as to the said site ** the transfer of ownership in the sole name of the Defendant YangB on March 17, 2014, and on March 19, 2014, the Plaintiff and the Defendant YangB changed the name of the owner under the joint name of the Plaintiff and the Defendant YangB to the Defendant YangB alone.

7) Defendant BB completed the registration of ownership transfer under Defendant BB’s sole name on April 15, 2014 * as to the instant site * on April 15, 2014.

C. The filing of the instant lawsuit and its lapse

1) Around May 8, 2014, the Plaintiff filed the instant lawsuit seeking divorce, division of property, etc. against Defendant YangB, and the duplicate of the lawsuit reached both DefendantB on May 30, 2014.

2) At the time of May 31, 2014, the Plaintiff collected a house with account books and documentary evidence related to the construction-sale business that was in progress ** Construction * Construction.

3) The above **** apartment ** apartment * this case * * the ground ********* * the building site *** * *2 * the building construction works in the present site *** * * the building construction works in the present site ** * the building construction works in the present site.

[Ground of recognition] Gap's 1 through 3, 6 through 10, 12 through 36, and Eul's 1 through 9, this court's * The inquiry results on banks, records obvious facts, the purport of the whole pleadings.

2. Determination on the claim for divorce and consolation money

A. Determination as to the claim for divorce against Defendant 2B

In full view of the following circumstances revealed by the purport of the above fact-finding and the entire pleadings, namely, the Plaintiff’s separate relationship with the Defendant from May 2014 to May 201, when seeking a divorce between the Defendant and the twoB, both the Defendant and the DefendantB agree to divorce with the Plaintiff, and both the Plaintiff and the DefendantB have been interested in the attribution of their business property without making any effort to recover the marital relationship, the marriage between the Plaintiff and the Defendant and the two BB has reached the failure to the extent that it cannot be recovered. As such, the Plaintiff’s claim for divorce is justified.

B. Determination on the claim of consolation money against the Defendants

The plaintiff asserts that both the plaintiff and the defendant BB's marital relationship between the plaintiff and the defendant B was broken down by having committed several unlawful acts with the defendant ParkbCC, and the plaintiff treated the plaintiff unfairly, such as verbal abuse, and seek compensation against the defendant.

In this regard, it is not sufficient to recognize that the above improper conduct and unfair treatment were committed, or that the marriage relation was caused by the failure, solely with the descriptions of Gap evidence Nos. 4-1 through 3, and Gap evidence No. 43, and there is no other evidence to acknowledge it. Thus, the plaintiff's claim for consolation money against the defendants is without merit.

3. Determination on the claim for division of property against Defendant 2B

(a) Property to be divided;

1) The properties to be divided are as shown in the list 1 to 3 of the properties to be divided.

2) Determination of the parties’ assertion

A) The plaintiff's assertion

The plaintiff asserts that the right to lease on the parcel of land is included in the property division subject to the right to lease on the parcel of land between the defendant 2B**** side********** the right to lease on the parcel of land between the plaintiff and the plaintiff. However, it is difficult to recognize that both the defendant B had the above right to lease on the basis of the statement of evidence Nos. 39 and 42, and the above argument of the plaintiff is not accepted.

In addition, the plaintiff argued that the defendant YangB should be subject to division of property, as well as the provisional seizure deposit amount of KRW 2 billion deposited in order to cancel the plaintiff's provisional seizure of the same site. However, since the above amount is the property formed through mutual cooperation between the plaintiff and the defendant YangB during the marital life of both the plaintiff and the defendant YangB, there is no evidence to support that it is property not included in the property subject to division indicated in the separate sheet of each division, the plaintiff's above assertion is not accepted.

B) Defendant YangB’s assertion

Defendant YangB shall: (a) the instant site* the instant site and the instant site* the instant site under the sole name of Defendant YangB.

Since the building on the ground was newly constructed by Defendant BB’s sole funds and efforts, it asserts that the proceeds from the new construction and sale of the above building are the unique property of Defendant BB, and is not subject to division of property.

The following circumstances, i.e., the plaintiff and the defendantB, from around December 198 to jointly build and sell a new building and form and maintain the business community, and both the plaintiff and the defendantB have continued to operate the business through division of the construction work, ********** the plaintiff's right to claim the construction of the building site and the sales price of the building site, ** the plaintiff's right to claim the construction of the building site and the sales price of the building site **** the plaintiff's right to claim the sale of the building site ** the plaintiff's sales price of the building site ** the plaintiff's sales price of the building site ** the plaintiff's sales price of the building site * the plaintiff's sales price of the building site * the right to claim the construction of the building site and the sales price of the building site * the plaintiff's sales of the building site.

(b) The ratio and method of division of property;

1) Division ratio: Plaintiff 50%, Defendant 2B 50%

[Ground of determination] All the circumstances shown in the argument of this case, such as the age, period of marriage, formation of each of the above divided property and the process of acquisition of the property, allocation of duties at the time of operation of the above company, details of use of funds of the above company, etc., shall be considered.

2) The method of division of property

A) Attached Table 1: The ratio of division of property calculated earlier, the intention of the parties, etc. shall be placed in the name of each party.

B) Attached Table 2: The calculation between the withdrawing partner and other partners shall be based on the partnership’s property status at the time of withdrawal, but it may be calculated after completion of the settlement (see Articles 719(1) and (3) of the Civil Code), as of the date of the conclusion of the pleading in this case, *** * as of the date of the conclusion of the pleading in this case, * * the instant case * * Dong and * the same site, etc., it seems that it would be reasonable to bring about a reasonable result to go through the settlement process after the completion of each of the above projects, *** * Construction's share ownership ratio is consistent with the division ratio calculated prior to the completion of the aforementioned projects, taking into account the following factors: (a) the Plaintiff’s right to claim the settlement of shares against the assets indicated in the above list is divided into the Plaintiff’s right to claim the settlement of shares, and Defendant BB’s right to claim the settlement of shares is deemed to have legal interest in this part among the parties.

C) Attached Table 3: The property indicated in the separate sheet 3 shall be divided into active and small property indicated in the above list into the share division method between the Plaintiff and the Defendant B, taking into account the aforementioned ratio of the division of property calculated earlier, the intention of the parties concerned, and the need for the future settlement in the future.

C. Sub-determination

Therefore, as a result of division of property, ① the Plaintiff’s claim for the settlement of shares on May 30, 2014 with respect to 1/2 shares of the property indicated in Table 2 of Property Statement to the Defendant YangB, and ② the Defendant YangB is obligated to implement to the Plaintiff the registration procedure for transfer of ownership based on the fixed date of this judgment with respect to 1/2 shares of each of the real estate listed in Table 1 or 11 attached hereto, and the Plaintiff should be exempted from the Defendant YangB’s obligation listed in Table 3 of Property Statement No. 12 attached hereto.

4. Conclusion

Therefore, the plaintiff's claim for divorce is accepted on the ground of the reason, and all of the plaintiff's claim against the defendants against the defendant is dismissed on the ground of the reason, and the claim for division of property shall be decided as above. It is so decided as per Disposition.

Judges Do-constition

Judges Kim Jin-jin

Judges Park Jong-hee