YTN Radio (FM 94.5) [양소영 변호사의 상담소]
□ Broadcast Date: June 17, 2022 (Friday)
□ Host: So-Young Yang, Attorney
□ Performer: Attorney Baek Soo-hyun
– Due to the separation of marital property, even if the marital property is jointly owned, the property in each name can be disposed of separately.
– A remedial order is an order from the court to file a lawsuit on the merits of the party who has made provisional seizure or provisional disposition.
– The Supreme Court regards cheating as a slightly broader concept than adultery.
* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate content.
◇ Attorney So-Young Yang (hereinafter So-Young Yang): Today, I am with Attorney Su-Hyun Baek.
◆ Attorney Baek Soo-hyeon (hereinafter Baek Soo-hyun): Hello.
◇ Yang So-young: Let’s meet the prepared story and look forward to a friendly consultation. “My husband and I have been married for 30 years. Her husband joined the badminton club in his late fifties, then retired and became more involved in club activities. He was a man who did not know how to buy anything with his own hands, and one day I found out that he had bath products in his car, as well as sportswear, socks and underwear that he had never seen before. When I asked her what she was, she pretended that she wasn’t hers, but there was another thing that was suspicious. The other person didn’t let go of his cell phone, and even changed the cell phone password, which he had never changed in his life. It was so strange that I took my sleeping husband’s cell phone and unlocked the password as soon as I remembered it, so I looked at his husband’s cell phone. Again, the prediction was not wrong. The husband had a woman. I love you, I miss you, when are you coming?” There was text evidence like this, so even my husband could not deny it and admitted that we met while exercising at a club. I was embarrassed to see my children, so I told him to stop cleaning it up, but my husband said, “I’ve never lived my own life until now, but let’s get a divorce because it seems like I’m living now.” He asks him to let go of his old age if he sells the house he lives in and shares his pension. However, no matter how much he thought about it, he said that he would never divorce because it would be embarrassing to see his children and not allow his pride to divorce before his 70s. Then the husband said he would move out of the house and live separately, and he offered to sell the apartment. He even changed the password for the living expenses account in her husband’s name, and said that he would not be able to pay the living expenses, so he told me to take care of it. Is there any way to stop my husband from selling his apartment?” The story’s wife does not want her divorce, and her husband is reckless and has even offered up an apartment to get a divorce. Her husband’s past behavior can be seen as cheating.
◆ Baek Soo-hyun: It can be viewed as cheating. The Supreme Court regards cheating as a broader concept than adultery. Even if there is no evidence of adultery, I love you, I miss you. Since he acknowledges that he is exchanging text messages and seeing his husband in this way, of course, it can be said that cheating is applicable.
◇ Soyoung Yang: If the case of cheating is because the wife of the storyteller does not want a divorce now, the court will not accept the lawsuit because the husband is the guilty spouse. But the problem now is that if my husband doesn’t get a divorce, I will sell her apartment. You’re putting so much pressure on it. And I’m not paying her living expenses. So what should I do?
◆ Baek Soo-hyun: This kind of situation happens very often. This is a very difficult situation and often leads to rather serious problems. Even if the husband or wife is cheating, if the marital property is evenly distributed to some extent, or if I have more assets than the other spouse, fortunately, this problem does not occur and there is no need to worry. Even if the house is in the husband’s name and the wife manages the husband’s salary account, if the husband changes the password, the wife now has virtually no property. can be.
◇ Yang So-young: The question now is, is there any way to prevent the disposal of the apartment by my wife? How about this?
◆ Baek Soo-hyun: This is a rather difficult problem. To put it simply, if the wife divorces her husband, she has the right to claim for property division, but if the husband disposes of the apartment, there is a fear that the property will not be divided even if the husband divorces later. I can do it. However, from the wife’s point of view, if divorce is in mind, such provisional seizure or disposition can be made, but the situation in question is that the wife does not want a divorce. In the same case, since you have made provisional seizure or provisional injunction, file a lawsuit, that is, you can apply for a complaint order. If I file a lawsuit like that, I will end up in a situation where I have no choice but to file for a divorce in order to maintain the effect of a provisional seizure or provisional injunction, so it may lead to a situation that is slightly different from what my wife really wants now.
◇ Yang So-young: Even if it is a marital property, even if it is a joint property of a married couple, the wife can’t stop the sale of the apartment right now under the civil law. I’m going to receive a division of the property, so this apartment should not be disposed of temporarily. In this case, a provisional seizure or provisional disposition should be made. That’s it. Could you please explain a little bit more about the injunction order?
◆ Baek Soo-hyeon: The injunction order is an order from the court to file a lawsuit against the person who made provisional seizure or provisional disposition. If you do not file a lawsuit within a certain period of time even after receiving an injunction order, the other party can now apply for cancellation even if you have made an injunction or provisional seizure with difficulty. In that case, the provisional seizure or provisional disposition is inevitably revoked. As in the story, if one spouse does not want a divorce, it is necessary to think carefully before making a provisional seizure or provisional disposition.
◇ Yang So-young: Usually, how long does it take to file a lawsuit?
◆ Baek Soo-hyun: If you apply for an injunction, the court will tell you to do so within a month. Then you need to organize your worries within that short period of time.
◇ Yang So-young: If you do not file a divorce suit after receiving an order to file a lawsuit, it may be revoked even if the provisional seizure has been granted. This is the word. In the end, it seems that we, the storyteller, have to make a decision to prevent this situation. But is there any other way other than divorce?
◆ Baek Soo-hyun: Realistically, it is a little difficult to find a very effective method. However, since husband and wife are obligated to support and live together, the husband is neglecting his duty to sell the house now and not pay the living expenses. I think I may be able to think about how to file a claim for support payment to support me by giving me support, and now foreclose the amount corresponding to the amount of support I will receive.
◇ Yang So-young: But the amount is realistically
◆ Baek Soo-hyeon: Realistically, it is not as far as the division of property.
◇ Yang So-young: But in the case of a provisional seizure with the support fee, how much money can be provisionally seized?
◆ Baek Soo-hyeon: Comparing it with child support, I think it might be possible to foreclose about three years’ worth of support, but it is a little questionable whether it will be effective in effectively blocking the house because the amount does not reach the real estate division amount.
◇ Soyoung Yang: For example, even if the house is worth over 1 billion won, it will not be a big help in reality because the support fee for 3 years will not be much. Is there another way?
◆ Baek Soo-hyeon: Realistically, there is no way to prevent direct disposal of the house. However, I wondered if it would be good if we could take measures to file a claim for damages against the incestuous woman so that they can break up and return to the family.
◇ Yang So-young: As I listened to counseling all the time, I can’t stop forcing a divorce like that, no matter how guilty my spouse if I don’t have any property in my name as the economically weak. I think I should come to this conclusion.
◆ Baek Soo-hyun: Yes, unfortunately, but it is.
◇ Yang So-young: I feel sorry for you. Recently, the courts tend to shift from blame to bankruptcy, so those who are in this situation in the future should think about it a bit. Thanks for the help.
YTN Seo Ji-hoon ([email protected])
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