Do Kwon, the founder of Terraform Labs, the company behind the collapsed TerraUSD (UST) stablecoin, has been embroiled in legal battles since the project's spectacular downfall in May 2022.
While Kwon himself faces extradition and potential criminal charges, his wife has recently emerged victorious in a separate court case concerning asset seizure.
Assets Frozen, Wife Fights Back
In the aftermath of the TerraUSD crash, the South Korean government attempted to seize a significant chunk of Do Kwon's assets, including properties held in his wife's name.
This move targeted real estate holdings in Seoul's Seongsu-dong and sales rights for an officetel unit in Nonhyeon-dong.
The total value of these assets amounted to a staggering 233.3 billion won (approximately $177 million).
Kwon's wife, however, refused to go down without a fight.
She contested the government's seizure order, arguing that the properties were rightfully hers and not part of her husband's financial dealings.
This legal battle hinged on a crucial distinction – marital property versus separate property.
The Courtroom Battle – Special Property Takes Center Stage
The crux of the case revolved around Article 830(1) of the South Korean Civil Act.
This law recognises "special property" acquired by a spouse during the marriage.
Kwon's wife claimed that the disputed assets fell under this category, having been purchased with funds from her personal virtual asset accounts.
The government, on the other hand, maintained a different narrative.
They suspected that Do Kwon was the true owner, merely using his wife's name as a veil to conceal his assets.
However, the court found evidence to the contrary.
Turning Point to Virtual Assets and Independence
A critical piece of evidence presented in court was a record of transactions showing that Kwon's wife used her virtual asset accounts to make the down payment on the Seongsu-dong property.
This financial independence demonstrably separated her ownership from her husband's alleged wrongdoings.
The court elaborated:
“If, as the state assumes, Mr. Kwon acquired the shares of this real estate in his wife’s name in order to conceal criminal proceeds, it is difficult to understand why he acquired only a 10% stake in Ms. Lee’s name, not the entire stake or at least a 50% stake.”
The court, swayed by this evidence, ruled in favour of Kwon's wife.
They deemed the seized assets as her special property and overturned the government's seizure order.
This decision effectively protects her holdings from further government intervention, at least until a final judgement is reached.
The Kwon’s Family
With a net worth of around $10 billion before the crash, Do Kwon married his wife in February 2021, just over a year before the Terra ecosystem collapsed.
The couple has a young daughter, born in April 2022. He even named his daughter Luna, a symbolic gesture that now carries a heavy weight considering the collapse of the TerraUSD ecosystem.
Ironically, Do Kwon even joked about potentially naming a future son "Stable," a thought that seems unlikely to materialise given his current circumstances.
Where is Do Kwon Now
While his wife celebrates a legal victory, Do Kwon's situation remains precarious.
Currently, he is detained in Montenegro, a European nation caught in the middle of an international extradition tug-of-war.
Both the United States and South Korea have filed requests to extradite Kwon, each seeking to hold him accountable for his role in the TerraUSD debacle.
The Montenegrin court system is yet to make a final decision, leaving Kwon's immediate future uncertain.
His Terra Luna Classic token, LUNC, is currently trading at $0.000071.
Did Kwon Play the System?
Kwon's wife's legal victory raises an eyebrow. While the court was swayed by evidence of her independent finances, the timing of the property acquisitions and the nature of the cryptocurrency industry leave room for interpretation.
Was this a strategic move to shield assets, or a genuine use of separate property laws?
While the ruling protects her holdings, it also invites speculation about whether these assets were strategically placed in her name before the TerraUSD collapse.
Regardless of intent, the court's decision ensures some financial stability for Do Kwon's wife, who now faces the challenge of raising a young daughter amidst her husband's legal battles.