Hello, I'm Attorney Seo Yuri, your legal problem solver! π
Are you struggling with a divorce lawsuit due to your spouse's infidelity, complicated by the division of 'company shares' and 'new real estate'? Today, I'd like to introduce a case where we successfully defended our client and protected their rights when the cheating spouse coveted shares under their own name and real estate acquired after separation. βοΈ
1. Case Overview π
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Situation: Marriage breakdown due to the defendant (spouse)'s infidelity
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Issues: 1) Ownership and valuation of unlisted shares jointly formed during the marriage 2) Whether real estate (apartment pre-sale rights) acquired by the defendant after separation should be included in the property division
2. Attorney Seo Yuri's Assistance and Key Points β¨
π Point 1: Defending Share Ownership and Rejecting Settlement Method
The defendant claimed that 10,228 shares under the client (plaintiff)'s name were essentially theirs and demanded the transfer of the shares. However, we clearly pointed out that there was no evidence that the shares were solely owned by the defendant, strongly expressed our disagreement with the share valuation, and the client's opposition, thereby rejecting the defendant's demand for share transfer.
π Point 2: Real Estate Acquired After Separation Also Subject to Property Division!
The defendant argued that the pre-sale rights to an officetel acquired after separation were not subject to property division. However, we proved that the funds for acquiring the pre-sale rights originated from joint property (proceeds from the sale of shares) during the marriage. As a result, we successfully negotiated property division based on the market price (approximately 400 million KRW) at the time of the closing arguments in the appellate court.
3. Outcome: Victory and Client Protection π
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Divorce granted and defendant's fault acknowledged (secured 25 million KRW in alimony)
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Successful defense of share ownership and recognition of a reasonable property division ratio
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Secured parental rights and custody of the children, judgment for future child support payments
π‘ Expert's Advice In divorce lawsuits involving shares or management rights, it is crucial to meticulously analyze not only the shareholding ratio but also the formation process and actual contribution. In particular, even if property is acquired after separation, if it is based on resources accumulated during the marriage, it must be included in the division to protect your legitimate rights. πͺ
Don't struggle alone with complex property division; prepare strategically with an expert! π€