Hello, this is Attorney Seo Yuri. Today, I would like to share a case where the husband claimed that the assets under his name belonged to his parents in an attempt to avoid property division, but we successfully defended against this claim and secured the client's rights. 😊
1. The Beginning of the Case: Husband's Infidelity and Leaving Home 💔
The client (plaintiff) was a full-time homemaker and entrepreneur who had been married for over 15 years and raised three children. However, the husband (defendant) had been in an inappropriate relationship with another woman for over two years, and even after his infidelity was discovered, he blamed the client and continued the affair. Eventually, the client had no choice but to leave home with the children.
2. Key Issue: Real Owner of an Apartment Entrance Ticket Worth 600 Million Won 🏠
The biggest issue in the property division process was the 'redevelopment association apartment entrance ticket' under the defendant's name.
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Defendant's Claim: "The entrance ticket was funded by my parents, and my name is only used as a 'nominee trust' (trust by nominal title) property, so it is not subject to property division."
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Attorney Seo Yuri's Rebuttal: I argued against the defendant's claim as follows:
Even if there was support from the parents, it should be seen as a 'gift,' and there is insufficient evidence of a nominee trust.
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The client has been directly paying and managing the property taxes for the real estate for many years.
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The client has been saving a certain amount of money into her mother-in-law's account every month to prepare for the payment of the contribution required for moving in.
3. Court Ruling: Acknowledgment of the Client's Contribution 👨⚖️
The court accepted my argument and included the entrance ticket in the divisible property, issuing the following ruling:
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Divorce and Alimony: Acknowledging the defendant's fault, the court ordered the payment of 20 million won in alimony.
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Property Division: Acknowledging the client's contribution to the couple's joint property, including the entrance ticket, the court ordered the defendant to pay the client 230 million won in property division.
Attorney's Advice 📢 It is very common for the other party to refuse division by claiming that the property belongs to their parents or a third party. However, if the marriage period is long and there are circumstances that substantially contributed to the maintenance of the property, it can be sufficiently defended. Please prepare thoroughly with an expert so that you do not unfairly lose your share.
Are you experiencing difficulties due to the other party's concealment of assets or nominee trust claims? I will be a reliable supporter for my client. 🤝