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  • 家事与继承 Appeal Victory Reducing Property Division for Business Assets With No Spousal Contribution




  • The client was sued by the spouse, the plaintiff, for divorce, damages, and division of property on the ground that the marriage had broken down. In the first-instance judgment, the client was found responsible and ordered to pay damages. In particular, although the plaintiff had not contributed to the assets of the client's sound equipment rental business, the court divided those assets at a 50:50 ratio. The client retained Law Firm Taelim to correct this unfair result and protect legitimate property rights.

    Law Firm Taelim thoroughly analyzed the logical weaknesses in the first-instance judgment. The team presented detailed materials showing that the opposing party had made no direct contribution to the formation of the client's sole proprietorship assets. Taelim strongly argued that the first-instance court had failed to sufficiently examine the matter and had made a mistake of fact by including only the value of certain equipment, such as speakers, as property without appraising the value of the entire business. Taelim also pointed out the illegality of valuing assets without objective appraisal and logically persuaded the appellate court of the need for accurate property valuation.

    As a result, the court accepted Taelim's arguments and modified the portion of the original judgment concerning property division. The property division terms that had been unfavorable at first instance were revised in favor of the client, producing a practical partial victory.

    This ruling is significant because it proved that it is unfair to uniformly apply a 50 percent division ratio to separate property formed before marriage or specialized business assets to which the spouse made little or no contribution. Taelim's careful evidence analysis and sharp legal response played a decisive role in protecting the client's valuable property.

    ** If you are facing a situation similar to the above case, please contact Law Firm Taelim at any time for assistance.