1. The Client’s Crisis

The client and the opposing party married around 2015 and had one child. However, around June 2023, the opposing party suddenly ran away with the child and then filed a lawsuit against the client seeking divorce and 300 million KRW in property division. As a specialist physician, the client had been supporting the household by earning a high income, but the sudden lawsuit and the large claim caused not only psychological distress but also serious concern over economic loss.

2. Key Issues

There were three major issues to be resolved in this case. First, whether the opposing party’s claim for 300 million KRW in property division was legally valid. Second, whether the opposing party’s share in a building located in Seoul, which he had received as a gift from his parents and held (with an estimated market value of about 4 billion KRW), would in principle be excluded from division as separate property, but could nevertheless be included in the division based on the client’s contribution. Third, how to prevent the opposing party from concealing or disposing of assets during the course of the lawsuit.

3. The Strategy

The divorce team led by Managing Partner Yoon Ji-sang devised a strategy aimed at reducing the scope of the opposing party’s claims and reconstructing the history of how the assets were formed in order to secure the initiative in the lawsuit.

First, we filed for a provisional attachment against the opposing party’s separate property and obtained a court order. The building shares that the opposing party had received as a gift from his parents were, in principle, not subject to division; however, we strongly argued that the marriage had lasted eight years and that the client, by earning high income as a specialist physician and supporting the household economy, had contributed to the maintenance and appreciation of the property. The provisional attachment order became a decisive turning point in securing the lead in the litigation.

Second, we shifted to the offensive by filing a strategic counterclaim. While pointing out that the opposing party had unlawfully removed items such as plastic surgery accounting ledgers from the client’s safe and pursuing a criminal complaint, we also filed a counterclaim asserting that, on the contrary, the opposing party should pay the client approximately 1.3 billion KRW in property division. We reconstructed the property division schedule in detail by analyzing the opposing party’s unfair possession of assets accumulated during the marriage and the tax filing records related to income generated during the marriage.

Third, we engaged in written arguments that reflected the court’s perspective. Based on the experience of Managing Partner Yoon Ji-sang, a former presiding judge at the Family Court, we systematically organized evidence of “substantial contribution,” which the court regards as important when calculating contribution to property division. As written submissions pointing out the flaws in the opposing party’s arguments were repeatedly filed, the opposing side’s attitude began to change.

4. Result and Recovery

Facing a provisional attachment and a counterclaim for property division in the tens of billions of KRW, the opposing party realized that the litigation strategy was turning against him, reversed his intention to divorce, and submitted a notice of withdrawal of the lawsuit. However, Law Firm Jaejae filed a non-consent to withdrawal and brought the case to a close through a mediation session to ensure a clear legal resolution of rights.

As a result, both sides agreed not to make any property division claims against each other. The client was completely freed from the obligation to pay the 300 million KRW claimed by the opposing party, and was able to conclude the matter smoothly by fully protecting his own assets while resolving only the issue of child support.

Attorney in charge: Yoon Ji-sang, Managing Partner · Divorce Team

To protect confidentiality, some parts of this case have been de-identified to the extent that the essence of the matter is not harmed.