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As real estate transactions occur frequently in daily life, problems accompanying them are constantly occurring. A representative example of a contract being canceled by a third party after a real estate transaction, but also one that is unfamiliar to the general public, is the issue of ‘cancellation of a contract due to a fraudulent act.’ Under civil law, a fraudulent act refers to a legal act in which a debtor reduces his or her general assets in order to avoid paying debt. A frequently occurring fraudulent act is to conceal, destroy, or transfer property as if it belonged to another person using forms such as selling, donating, providing collateral, or dividing property. In such cases, the creditor may file a lawsuit to cancel the fraudulent act against the beneficiary or previous acquirer in order to recover the property stolen by the debtor pursuant to Article 406 of the Civil Act. At this time, the requirements for establishing a fraudulent act are that the creditor must have a claim, the debtor must perform a legal act of concealing property even with the knowledge that it will harm the creditor, and the debtor's liabilities must be greater than the debtor's assets due to the fraudulent act. Changhee Lee, a civil attorney at Daeryun Law Firm, said, "Creditors must carefully examine the fraudulent act and the requirements for filing a cancellation lawsuit and prepare for the lawsuit. To win, follow the trends of Supreme Court rulings related to fraudulent acts. He advised, “You will need the help of a professional lawyer who understands and has extensive relevant experience,” and added, “A lawsuit for the cancellation of a fraudulent act must be filed within one year from the date of knowledge of the facts or five years from the date of the legal act.” On the other hand, regarding a bona fide transferee involved in a lawsuit for the cancellation of a fraudulent act, “If the party is unfairly subjected to a lawsuit for the cancellation of the fraudulent act, he or she will fall into great confusion and persuade the judiciary with the help of an expert who can logically organize his or her position on the case.” He explained, “The key is to prove that the transferee is a buyer in good faith.” He then emphasized, “We will need to thoroughly prepare evidence regarding the circumstances of the purchase, such as the fact that the transaction was carried out through normal procedures because the seller was not aware of the fact that the debt was exceeded or there were no special circumstances to suspect the transaction.” Meanwhile, attorney Changhee Lee of Daeryun Law Firm is a civil attorney certified by the Korean Bar Association and specializes in real estate-related litigation. We are handling fraudulent act cancellation lawsuits, dividend objection lawsuits, development fee burden lawsuits, etc. Reporter Lim So-ra mail00@asiae.co.kr View original article - https://news.naver.com/main/read.nhn?mode=LSD∣=sec&sid1=101&oid=277&aid=0004655453

There are a variety of issues on which a couple cannot agree upon a divorce, but generally, division of property, alimony for the at-fault spouse, parental rights, custody, and child support of minor children are considered representative dispute elements. Among them, we asked divorce lawyer Shim Jae-guk of Daeryun Law Firm about property division and custody issues, which are subject to sharp disputes. - How should the property division ratio be calculated? The purpose of property division is to liquidate all property acquired by two people during a marriage in proportion to each person's contribution. Therefore, the more contributions are recognized, the more advantageous it is in property division claims. The contribution to property division can be a comprehensive indicator of various situations, such as whether there is a double income, the economic contribution to the property formation process such as investment, the start of the marriage breakdown, and the degree of childcare sharing. After filing a divorce lawsuit, you must go through several processes, such as confirming the other party's assets through a fact-finding application, to calculate the amount of property division and prepare proof of contribution to the property formation process. - How to receive property division If the joint property of the couple is in the name of one spouse, there are cases where the spouse disposes of cash and real estate during the divorce lawsuit. In this case, even if the right to receive money for property division is recognized as a result of the judgment, it may become difficult to receive payment in reality, so there is a way to prevent the other party from disposing of or hiding the property by applying for a provisional seizure of bonds, salaries, severance pay, deposits, and rental deposits held by the spouse before the divorce suit, or a provisional disposition on land and real estate. - Measures to secure custody Custody is the right of parents to decide matters necessary for the upbringing of minor children, and during marriage, the couple jointly decides on such matters. However, in case of divorce, the person with parental authority and custody must be designated. In general, the court determines custody by considering the child's growth and welfare, including the child's age, parents' financial situation, and other circumstances, as well as intimacy with the child and parenting ratio. Once custody is designated, changes to it are rarely accepted, so in order to secure custody, it is necessary to receive assistance from a divorce lawyer from the beginning. - How can the problem of non-payment of child support be resolved? If child support has never been paid, you can apply for a child support enforcement order. If you do not comply with the child support order, you may be subject to a fine of up to 10 million won, and in some cases, you may be sent to a detention center or other detention center. Additionally, if the person who has not paid child support is an office worker, he or she may apply for an order to pay child support directly. A direct payment order is a method of having a person who has not paid child support more than twice have their wages garnished by the company they work for and pay child support directly. Future child support, including past child support, can be received under the concept of pre-disposal, but because the situations vary, it is important to quickly receive expert help and respond appropriately to the situation. Meanwhile, Daeryun Law Firm, headed by divorce lawyer Shim Jae-guk, is a comprehensive law firm with 15 law offices across the country. Currently, in order to protect the rights and interests of clients, we provide legal services and litigation services, including 1:1 direct consulting services through lawyers specializing in divorce, domestic affairs, civil, and criminal fields. Herald Economy real@heraldcorp.com View original article - https://news.naver.com/main/read.nhn?mode=LSD∣=sec&sid1=101&oid=016&aid=0001657529#

As the economic downturn continues in the aftermath of COVID-19, the number of personal and corporate bankruptcy cases filed in the courts last month increased by double digits compared to the previous month. A legal official said, “As regular personnel changes occur in February every year, it is common for the number of bankruptcy and rehabilitation applications to decrease.” “Despite the hiatus, applications for bankruptcy and rehabilitation showed an increase,” he said. Economic experts predict that if COVID-19 continues for a long time, the number of small and medium-sized businesses’ bankruptcies (bankruptcy and rehabilitation) due to the worsening economy will increase further. A corporate legal lawyer at Daeryun Law Firm, who is in charge of legal advice on corporate rehabilitation and bankruptcy, said, “Korea has a bankruptcy system (rehabilitation and bankruptcy) to help corporations and economically active people who are at risk of bankruptcy due to excessive debt. “If you are experiencing difficulties, utilizing social safety nets such as rehabilitation and bankruptcy systems may be a way to do this.” He continued, “If you look at the statistical data, in the past there were many cases where corporate rehabilitation procedures could not be completed and led to bankruptcy, but these days, there are many companies that skip the rehabilitation procedures and choose bankruptcy procedures. The unfortunate thing about the current situation is that even though they can recover through rehabilitation, there are cases where bankruptcy procedures are preceded by various factors.” He added, “Management has become difficult, but “If maintaining the business is more valuable than liquidating it, choosing a rehabilitation system would be a more appropriate alternative,” he advised. “If you are not sure about corporate bankruptcy and corporate rehabilitation, you can seek assistance from a legal expert with field experience and know-how. To this end, you should select a legal advisor after considering whether they have information on corporate-related legal issues and whether they have a system to deal with disputes, and whether they can provide essential advice to the company.” Daeryun Law Firm, which provides ‘customized, one-stop legal services’, has branches throughout Seoul, Busan, Daegu, Incheon, Gwangju, Daejeon, Ulsan, Suwon, Changwon, Cheongju, Jeonju, Uijeongbu, Chuncheon, Jinju, and Jeju. real@heraldcorp.com View original article - https://news.naver.com/main/read.nhn?mode=LSD∣=sec&sid1=101&oid=016&aid=0001654682

Recently, public outrage has arisen as a case of using Telegram to threaten minors and women by filming and distributing pornographic videos of sexual exploitation has been revealed. What kind of punishment will one receive if he or she watches, possesses, or distributes pornographic materials of sexual exploitation? ▲Possession of child and adolescent pornography Child and adolescent pornography refers to pornography that depicts people or objects that can be clearly recognized as children or adolescents engaging in sexual or other sexual acts. refers to pornography Anyone who possesses pornography knowing that it is child or juvenile pornography can be sentenced to up to one year in prison or a fine of up to 20 million won. ▲ Production and distribution of child and adolescent pornography. In accordance with the Act on the Sexual Protection of Children and Adolescents, anyone who produces, imports, or exports pornography using children or adolescents is subject to life imprisonment or up to 5 years in prison. Additionally, anyone who sells, rents, distributes, provides for profit, possesses, transports, or publicly displays or screens for this purpose may be punished by imprisonment for up to 10 years. Anyone who distributes, provides, or publicly exhibits or screens, even if it is not for profit, is subject to imprisonment for up to 7 years or a fine of up to 50 million won, and anyone who arranges for the producer knowing that pornography for children or adolescents will be produced is subject to imprisonment for more than 3 years. ▲ When requesting pornography shared in a ‘group chat room’ If you are encouraged to send pornography and actually receive the video, you can be punished for instigation or aiding under the Criminal Act. Even if you do not show any particular reaction, you may be subject to punishment if your silence specifically aids in the commission of a criminal act. Attorney Shim Jae-guk of the Daeryun Criminal Law Firm, who recently defended a similar case, said, “There are many people who do not recognize that digital sexual violence is a sexual crime, but it is clearly a criminal act.” He added, “It is most important not to commit such a crime and not be involved in the incident.” Since the level of punishment varies greatly depending on the severity, the assistance of a criminal lawyer with extensive relevant experience will be needed from the beginning of the investigation,” he said. “If a sex crime charge is confirmed, various security measures, such as disclosure of personal information and employment restrictions, may be imposed, so it is important to conduct a sufficient legal review of the charges with a lawyer.” Daeryun Law Firm is providing legal services for sex crimes and violent crimes that require expert assistance based on successful cases of criminal cases. We have branches nationwide, including Seoul, Busan, Daegu, Incheon, Gwangju, Daejeon, Ulsan, Suwon, Changwon, Cheongju, Jeonju, Uijeongbu, Chuncheon, Jinju, and Jeju. Reporter Lim So-ra mail00@asiae.co.krView original article - https://news.naver.com/main/read.nhn?mode=LSD∣=sec&sid1=101&oid=277&aid=0004650169

Recently, the Changwon District Court overturned the original judgment and ruled in favor of the plaintiff in the appeal trial of a lawsuit filed by a wife against her cheating husband, including divorce, property division, and alimony. According to Daeryun Law Firm, which was in charge of defending the appeal at the time, “The plaintiff filed a lawsuit for divorce and other lawsuits against her cheating husband through another law firm, but lost in the first trial.” He added, “If the ruling is confirmed as is, she will not be able to divorce and will have to bear the cost of the lawsuit, so we will expedite the appeal hearing.” Daeryun (Seocho) divorce lawyer, who led the lawsuit, said, “In order to overturn the original trial result and win, we internally analyzed the reasons for the loss in the first trial at the law firm level, and in particular, strengthened the purpose of the divorce claim, recalculated the scope of property division and alimony, and focused on collecting evidence to support the purpose of the appeal and proving it during the trial.” In the end, the trial ruled in favor of the plaintiff. The case was ruled in favor of all items, including designation of parental authority and guardian, and child support. Divorce lawyer from Daeryun (Seocho) Law Firm, who led the victory in the second trial, said, “Just because you lost in the first trial does not mean there is no possibility. If you proceed with the appeal trial with the help of an expert with a lot of know-how in resolving disputes with experience of winning many cases, the result could be completely different.” He continued, “If you proceed with the lawsuit hastily and lose, you may have to bear the other party’s litigation costs.” “It is important to appoint a divorce lawyer from the beginning and respond accordingly,” he advised. Meanwhile, Daeryun Law Firm operates a divorce team led by a divorce lawyer and a family law lawyer to resolve divorce litigation issues such as property division claims, alimony, and child custody. Reporter Lim So-ra mail00@asiae.co.krView article - https://news.naver.com/main/read.nhn?mode=LSD∣=sec&sid1=101&oid=277&aid=0004636704

Recently, the spread of false information, such as fake news related to the novel coronavirus infection (COVID-19), has emerged as a serious social problem. What punishment will you receive if you commit a crime related to COVID-19? - If you refuse a doctor's recommendation for a test and do not follow self-quarantine guidelines, you may be subject to legal punishment. △If you refuse, interfere with, or avoid an epidemiological investigation conducted by the Korea Centers for Disease Control and Prevention without justifiable reasons, you will be subject to imprisonment for up to 2 years or a fine of up to 20 million won in accordance with the Infectious Disease Prevention and Control Act. △Patients who refuse to be quarantined, such as those who do not respond to measures such as hospitalization and treatment, may be subject to a fine of up to 3 million won. This includes cases where a person refuses health authorities’ orders for testing, hospitalization, or isolation of patients with infectious diseases, people concerned about transmission, or people suspected of being infected. In fact, in December 2015, the Seoul Central District Court sentenced a woman in her 50s to a fine of 3 million won for going out despite being notified of self-quarantine during the MERS outbreak. - The Ministry of Food and Drug Safety began emergency supply and demand adjustment measures for the first time since the enactment of the Price Stability Act on the 12th. Mask producers must report production, domestic shipment and export volume, and sellers must report buyers and unit price quantities when selling in bulk. Anyone who hoards masks and hand sanitizers or violates emergency supply and demand adjustment measures may be subject to imprisonment for up to two years or a fine of up to 50 million won. Both of these can be applied, so you can be subject to both imprisonment and fines. - Malicious Smishing Recently, false messages disguised as information such as ‘confirmed person in area 00 died’, ‘we will give you free masks’, and ‘delivery delivery is delayed due to coronavirus’ are being spread to an unspecified number of people, taking advantage of public anxiety. This is a smishing scam that steals personal information by inducing the installation of a malicious program, so special caution is required. Through this, the scope of punishment is determined by comprehensively reviewing the circumstances leading to the fraud, the nature of the crime, and the amount of damage. Note that even if you did not directly participate in an electronic financial fraud, you can be punished under the Electronic Financial Transactions Act even if you transfer, acquire, or rent a bankbook or cash card, etc. - Spreading false information Producing and distributing various ghost stories and fake news is also subject to punishment. Additionally, if you cause damage to a specific company or hospital by posting false information related to the movement path of a confirmed patient, hospital, etc., it is a crime of obstruction of business. In particular, fake news about government-run public health centers and hospitals can be subject to charges of obstruction of official duties due to hierarchy. Obstruction of business can be punished by imprisonment for up to 5 years or a fine of up to 15 million won, and obstruction of official duties also receives the same punishment. Jae-guk Shim, a criminal lawyer at Seocho (Daeryun Law Firm), said, “The crime that ordinary people can most easily engage in is the spread of fake news. If the situation is serious, such as this COVID-19, greater punishment can be imposed.” He added, “Criminal punishment for defamation and obstruction of business is not possible. “If you receive it, you may have to pay alimony in a civil lawsuit, so you need to be careful not to get involved in criminal activity.”

In a judicial divorce, many issues are disputed with the spouse, such as property division, child support, alimony, parental rights, and custody. Recently, in many cases, property division has been difficult due to the spouse's concealment or disposal of property. According to the legal community, legally married couples often register and manage marital property in one person's name. However, in the process of preparing for divorce, if a spouse who is registered as the owner of joint property secretly disposes of the property, the amount of the property is reduced, and the amount that the spouse who is not registered as the owner can receive in a property division lawsuit is reduced. In this situation, it is important to first understand the spouse's property status before filing for divorce, and expert assistance is also required in order to approach divorce litigation to minimize damages as much as possible. Divorce lawyer Daeryun Jinju of the Law Firm advises that in order to prevent the spouse's property from being concealed or disposed of until the divorce judgment is finalized, it is necessary to accurately identify the spouse's property and proceed with preservation disposition. In particular, it is explained that if there are no assets that can be used to freeze assets in the spouse's name, such as provisional seizure of real estate, provisional disposition, or rental deposit, provisional seizure can also be carried out on wages or deposit accounts in the spouse's name. In addition, Daeryun Jinju, a divorce lawyer at the Legal Law, said, "Whether to provisional seizure or provisional disposition depends on whether you will receive money through property division or transfer the ownership itself, so you need to devise a strategy and respond accordingly. He added, "When filling out an application for provisional seizure or injunction, it is necessary to calculate and enter an appropriate amount of alimony and property division, so we recommend getting help from an expert." Meanwhile, Daeryun Law Firm, which operates a divorce team consisting of divorce lawyers and family law lawyers, provides services in Seoul, Busan, Daegu, Incheon, Gwangju, Daejeon, Ulsan, Suwon, Changwon, Cheongju, Jeonju, Uijeongbu, We have branch offices in the southeastern region, Gyeongbuk region, and metropolitan area, including Chuncheon, Jinju, and Jeju, to provide legal consultation and customized legal services. (Reporter Yeo Dong-eun deyuh@mydaily.co.kr) View original article - http://www.mydaily.co.kr/new_yk/html/read.php?newsid=202002141709188241&ext=na

On the 31st, the Jinju Branch of the Changwon District Court ruled in favor of the plaintiff in a lawsuit claiming alimony for an adulterer, ordering the defendant to pay 15 million won in compensation. An adulterer's alimony claim lawsuit is a claim for alimony by blaming an infidelity man or an infidelity woman for the breakdown of the marriage due to the spouse's extramarital affairs. With the abolition of the adultery law in 2015, criminal punishment can no longer be applied to an adulterous spouse and an adulterer, so the number of lawsuits claiming damages is increasing through incest suits that can resolve the issue civilly. According to industry experts, there are three main types of incestuousr alimony claim lawsuits. △ You can request alimony from the person with whom you had an affair with your spouse along with a divorce suit, or △ you can request alimony from the person with whom you had an affair after divorcing your spouse. If you decide to remain married, you can claim alimony only against the person responsible for the affair. However, since it is a claim for damages based on illegal acts, responsibility for the defendant's illegal acts must be proven. Divorce lawyer Shim Jae-guk of the law firm Daeryun, who was acting as the plaintiff's attorney at the time, said, "A lawsuit for incest and incontinence is a lawsuit seeking mental damages. Therefore, if intent is not proven or there is no conclusive evidence, the lawsuit may be dismissed. If the lawsuit is dismissed, the lawsuit cannot be filed again for the same reason, so rather than react hastily. He advised, “It is best to proceed after sufficient discussion based on the legal knowledge of a professional lawyer.” He continued, “Sometimes, a client preparing for an adulterous lawsuit collects evidence illegally by installing a location tracker or recorder in the spouse’s workplace or vehicle. If the adulterer collects evidence using illegal methods, the adulterer may be subject to criminal punishment and civil liability for damages in the future, so strategically seek assistance from a divorce lawyer from the beginning. “We will have to respond,” he added. Meanwhile, Daeryun Law Firm operates a divorce team comprised of lawyers who have completed registration in the domestic affairs and divorce specialty field recognized by the Korean Bar Association. The divorce team provides legal services in the overall field of divorce, including divorce litigation, alimony claims, custody, child support, and property division, including litigation procedures and issues at the time of divorce, divorce and domestic affairs litigation representation, and customized confidential counseling. Daily Reporter Kim Yun-seong (kimys@dailian.co.kr) View article text - https://news.naver.com/main/read.nhn?mode=LSD∣=sec&sid1=102&oid=119&aid=0002380953

Daeryun Law Firm (Representative Attorney Shim Jae-guk) announced on the 17th that it held the ‘2020 Workshop’ at the lecture hall of the Busan Design Promotion Institute with about 70 member lawyers and employees in attendance. This workshop was held under the theme of ‘Strengthening capabilities for Daeryun development’ and was conducted in the following order: △proposal of management strategy △reading precedents △cultivation of customer service mind. ◆‘Management strategy’ to create innovative results. A time was held to propose management strategy areas using the keyword 'innovation', share annual/mid- to long-term work plans, and encourage employees to improve their expertise to achieve common goals. At the same time, immediate action tasks were derived through discussions on corporate management efficiency, such as an open employee multi-faceted evaluation system and a briefing on each team's work and expected capabilities, as well as the creation of an idea window for organizational development and a plan to adjust overlapping tasks. ◆ Following the cultivation of oral argument skills through the ‘Precedent Reading Program’, the self-established ‘Precedent Reading Program’ was also formalized. This is an opportunity for new lawyers to analyze precedents in front of senior legal professionals and engage in impromptu Q&A sessions to improve the thinking skills, presentation skills, logic loopholes, and improvisation skills required as lawyers. Hyun-ji Lee, a member lawyer who planned the precedent reading program, said, “It is most important for a lawyer to understand the issues well and emphasize them clearly. If you go to trial with oral argument skills that can clearly and logically organize legal arguments, you can expect positive results.” ◆ Cultivating a Customer Service Mind Law firms providing legal services have confirmed the improvement in awareness that ‘cultivating a customer service mind’ is a basic skill, and are helping clients and corporations meet. Contact points were analyzed step by step. The workshop ended with a customer service consulting session to suggest desirable response solutions and apply business manners and job-specific service communication skills. Representative attorney Shim Jae-guk said, "Our firm has established itself as a mid-sized law firm in name and reality by opening its Seoul office in December of last year. We hope that all members will work hard as we enter a new era of leap forward." He added, "The growth of the newly launched business management team and customer relationship management team is more important than anything else." He added, "Seoul, Busan, Daegu, Incheon, Gwangju, Daejeon, Ulsan, Suwon, Changwon, Cheongju, Jeonju, Uijeongbu, He added, “We need to develop into Daeryun, which can provide uniform, high-quality legal services in the Chuncheon, Jinju, and Jeju regions.” Meanwhile, Daeryun Law Firm is being evaluated as having established a wide-area exchange system connecting the metropolitan area, Gyeongbuk area, and southeastern area with the opening of its Seoul office. real@heraldcorp.com View text of article - https://news.naver.com/main/read.nhn?mode=LSD∣=sec&sid1=101&oid=016&aid=0001626567

[Seoul Economy] A lawsuit was held last year at the Changwon District Court for the return of the sale price of a real estate sales contract concluded for 3.3 billion won. The plaintiff (buyer), who is engaged in power generation projects such as solar power and new and renewable energy, signed a contract with the defendant (seller) to sell land in Seongju-gun, Gyeongsangbuk-do for 3.3 billion won in August 2017. It was a conditional contract with the preconditions of ‘obtaining a solar power generation business permit from the Ministry of Trade, Industry and Energy’ and ‘if the power generation permit is not obtained, the seller will immediately return the entire down payment and interim deposit to the buyer.’ The plaintiff expected the defendant to make active efforts to resolve neighborhood complaints for a power generation permit as stated in the special contract, but the seller did not make any efforts, such as obtaining resident consent from the local government and residents of nearby areas, so the plaintiff’s application for a power generation permit was blocked. The sale contract was canceled due to rejection. However, the seller did not return the sale price even after six months had passed, and the buyer took all legal measures to obtain the return of the sale price with the help of a civil attorney. A civil attorney from Daeryun Law Firm in charge of the case said, “At the same time as filing a lawsuit for the return of the sale price, we filed a request for provisional seizure of the bonds and real estate, etc., and the court also accepted all of them.” He continued, “The sales contract is the most important evidence and the starting point for resolving all problems. In the case of the plaintiff, we were able to compensate for damages in case of an emergency because we drew up special provisions at the time of contract with the help of Daeryun Law Firm in advance.” Daeryun, a civil attorney, said, “Real estate transactions often use contracts prepared by brokers. To prevent any disputes, carefully review all the details of the contract and be sure to transcribe the matters discussed orally. “It is important to specify it as a special contract,” he advised. Meanwhile, Daeryun Law Firm’s dedicated corporate legal team, which includes civil attorneys, reviews contracts and official documents through regular consultation with corporate clients, thereby reducing the possibility of legal disputes and providing comprehensive corporate legal solutions that prevent cases that develop into lawsuits in advance. / Reporter Kim Dong-ho dongho@sedaily.com View original article - https://news.naver.com/main/read.nhn?mode=LSD∣=sec&sid1=101&oid=011&aid=0003678977