[Chatting] Insurance planner 女 introduced... Was it Kkotbam..."I'm cheating on you and you won't give me back the real estate

□ Broadcast date and time: January 7, 2025 (Tue)

□ Proceedings: Attorney Cho In-seop

□ Cast: Lawyer Jeong Du-ri

* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information.

◇ Lawyer Cho In-seop (hereinafter referred to as Cho In-seop): Lawhouse for you, with lawyer Jung Du-ri.

◆ Lawyer Jung Du-ri (hereinafter referred to as Jung Du-ri): Hello, I'm lawyer Jung Du-ri of Shinsegae Law Firm.

◇ Jo In-seop: Now... What's the story of today's worries?

□Sayor: I was suffering from an insurance problem I heard personally and was introduced to an insurance agent woman by an acquaintance. I was liked by the way he cared carefully in various ways. Since then, I have met her on that insurance business a few more times and found out that this woman, like me, is divorced and raising her child alone. I had the courage to ask for a date, and then we moved in together. Both I and she have failed to marry once, so we didn't register our wedding or marriage, but we were like a couple. Meanwhile, I had to go on a long business trip abroad. I entrusted my adult son with property management, including real estate, and I sent her the money I earned abroad directly. Meanwhile, I heard from an acquaintance that she was meeting another man. I returned home in a hurry. She had already been out for a long time. After asking, I went to the house I moved to. She treated me cold. I told her to give me the money she's been sending me. Then she said she had no money to give when she gave it to her and asked for the money she had already spent. In fact, I sent money for her, an insurance company employee, to improve her insurance performance and manage her property. But I can't believe I'm already using it up. I was embarrassed and couldn't believe it. Can I file a claim against my wife for a property split by the breakdown of a common-law marriage? Or is there any other way to get the money? I lost her, lost her money, and I feel helpless because I can't do anything.

◇ Cho In-seop: It was the story of a husband who was betrayed by his partner who was in a common-law relationship. I trusted him and left the money... If I knew I'd be betrayed, I would never have done that.

◆Jeong Du-ri: The other party in the common-law relationship is an insurance planner, so I think it was aimed at improving the performance, but I think you must have been hurt a lot.

◇ Cho In-seop: Can the sender claim the division of property from the other party?

◆Jeong Du-ri: Yes, if a common-law relationship can be recognized between the sender and the other party, according to our Supreme Court precedent, a common-law party can also claim the division of property due to the dissolution of the common-law. At this time, most of the procedures or contents of the property division claim are the same as those of the property division while divorcing. However, in the case of the married person, they did not marry the other person, and both seem to have remarried. In the case of legal marriage, the name of the alienated goose father is not unreasonable to be recognized for marriage even if you have been separated for a long time, but it seems difficult to recognize a common-law relationship because you have been out for business for a long time while living together without the protection of the legal marriage. And even if a common-law relationship is recognized, the timing of the breakdown of the common-law relationship will be important because the right to claim the division of property will be extinguished if two years have passed since the common-law relationship broke down. In addition, if a common-law relationship is recognized, the property of the sender may also be subject to property division, so the size of the money sent to the other party, the size of the current property, the size of the other party's current property, and each person's contribution are factors to consider whether there is any real benefit to claiming property division due to the breakdown of the common-law marriage.

◇ Jo In-seop: In the case where your property is subject to property division, what is the standard time for property division due to the breakdown of common-law marriage?

◆Jeong Du-ri: In the case of a judicial divorce, the Supreme Court in principle considers the timing of the division of property as the conclusion of the factual hearing, whereas in the case of a breakdown of a factual marriage, in principle, the date of dissolution of the factual marriage is set as the basis (the Supreme Court sentenced on January 4, 2024). 2022M11027 ruling). In the case of common-law marriage, unilateral notification of dissolution is possible, so if the sender or the other party notify each other that they will resolve the common-law marriage, that can be the reference point for the division of property, and if not, a more detailed review is needed.

◇Jo In-seop: What do I need to prove in order for your de facto marriage to be recognized?

◆Jeong Du-ri: Yes, in order to be recognized as a common-law marriage, there must be a reality of marriage that can recognize marital co-living in terms of family order according to social concepts. In the case of the sender, if she has been abroad for a long time, the address on the copy of her resident registration was the same as the address of the other party, or she regularly traveled to and from abroad, or each child called each other, and introduced each other to and from each other's family.

◇ Jo In-seop: If a common-law relationship is not recognized, is there any way to remedy you?



◆Jeong Du-ri: Yes, to find out one way, you can think of a way to file a criminal complaint for embezzlement by checking whether the other party has started to come and go as an employee of an insurance company and asking the other party to purchase insurance or to take good care of the money through phone recordings, text messages, and KakaoTalk messages. In addition, you should consider a lawsuit to return embezzlement money (damage to illegal acts) through a civil lawsuit. In the case of claims for damages for illegal activities, you should also consider the extinctive prescription of 3 years from the date of knowledge and 10 years from the date of occurrence. In addition, considering that criminal and civil cases can affect each other, it would be better to seek professional counseling.


◇Cho In-seop: Now, to summarize what we've been talking about... If you are recognized as having a common-law relationship with the other party, you can claim property division, but if you live together without a wedding, it may be difficult to recognize common-law marriage, and the claim will expire two years after the breakdown. In the event of a factual divorce, the standard for the division of property is the date of dissolution of the factual marriage, and if there is a unilateral notification of dissolution, that time becomes the standard. To be recognized for common-law marriage, the reality of marital co-living is necessary, and evidence such as matching resident registration addresses, regular visits, child titles, family introductions, and participation in events must be demonstrated. If a common-law marriage is not recognized, you can file a criminal complaint for embezzlement through the other party's insurance-related call or message or consider requesting the return of embezzlement money in a civil lawsuit. So far, I've been with lawyer Jung Du-ri of Shinsegae Law Firm.


◆ Jung Duri: Thank you.


◇Join-seop: A useful legal story to know! It's useful time. What would you do if you went to a restaurant to eat alone, and you said you would pay more for customers who ordered just one serving? Recently... The photos posted on social media are controversial. Next to the menu on the wall, it was a picture of a notice saying, "We will receive 1,000 won more for customers who order only one serving," and there is a heated debate among Internet users. Let me go through the details. Eating alone is called 'alone rice'. When a photo of a restaurant's notice was posted on social media that said it would receive an additional fee from a customer who eats alone, various opinions came out. "If you get one customer and the side dishes go out as it is, there won't be any leftovers," and "It would be nice to be able to eat alone without being aware of it." Some said it would be okay to get an additional fee. There was also a counterargument, "Wouldn't it be better to give a discount if you order more than two servings?" Then, what is the restaurant's position? "Originally, we only sold more than two servings and not one serving," he said. "But customers who came alone asked, 'Can't we sell one serving even if we get 1,000 won more?' so we sold it for 1,000 won more than the side dish." As the number of single-person households increases, more customers visit restaurants alone. In line with the trend of the times, it would be good if the price of the restaurant was also presented at an appropriate level. Lawyer Cho In-seop's counseling center, Jodamso, is always with you. I'll say goodbye now. This has been "Loyer Jo Inseop."