Adultery during marriage leaves an indelible scar. However, 'division of property' after divorce is a legal battle separate from emotions. Today, we introduce a case where we significantly reduced the opposing party's claim in response to a property division claim filed by the adulterous spouse. βοΈ
π Case Overview
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Marriage Duration: Approximately 24 years
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Trigger: Plaintiff (husband)'s adultery and separation
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Divorce Process: Divorce and payment of 23 million KRW in alimony finalized through a recommendation for reconciliation
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Claim: The plaintiff claimed approximately 138 million KRW from the client (wife) as property division.
π‘ Key Issues and Judgment Results
The client (wife) actively argued for her contribution to the formation of the property, in addition to the pain caused by the plaintiff's adultery.
1. Differential Application of Property Division Ratio
π The court comprehensively considered the contribution to the formation and maintenance of property, the course of married life, and supporting factors, and determined a ratio of 60% for the client and 40% for the plaintiff. This is a much lower ratio than the amount requested by the plaintiff.
2. Successful Defense of Separate Property π‘οΈ
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Adultery Compensation: An account where the opposing party deposited a portion of the 18 million KRW in compensation received from the plaintiff's mistress was recognized as the opposing party's separate property, not 'joint marital property,' and was excluded from the division.
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Child Education Loan: The client's history of taking out and repaying loans for child education expenses was favorably considered in calculating the property division ratio.
3. Deduction of Already Paid Property π
The value of the 'Korando vehicle,' which had already been transferred to the plaintiff, was deducted in advance from the property division amount, lowering the actual payment amount.
β¨ Final Judgment
The court ruled that the plaintiff should pay only 58 million KRW, which is only about 42% of the 138.13 million KRW requested, successfully protecting the client's assets.
"Even an adulterer can claim property division, but the outcome can change 180 degrees depending on the contribution calculation and proof of separate property."
Regardless of responsibility for the breakdown of the marriage, thorough preparation of evidence and legal response are essential to protect the valuable property you have built. π€
Are you worried about a similar situation? Contact us now for a consultation to confirm your rightful share. We will establish the best defense strategy based on detailed property information! π