beta
(영문) 서울중앙지방법원 2016.04.26 2015나52939

양수금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The instant fee arrangement 1) The third floor No. 303, 201, 303 (hereinafter referred to as the “instant apartment”) leased by the Defendant A, Nowon-gu, Seoul.

(2) On June 10, 2013, Defendant A entered into a delegation agreement to delegate legal affairs, such as reporting of rights and submission of a request for distribution in the procedures of voluntary auction by an attorney-at-law who operates the “E law office” on May 2013, Defendant A entered into a delegation agreement with the Seoul Northern District Court Dental District Court (Seoul Northern District Court), receipt of a lien report following the renovation and repair work of the apartment of this case, application for an order for payment of the renovation and repair work cost, and receipt of a written complaint for confirmation of lien.

At the time, G on behalf of the Defendant A agreed to pay the F the amount of KRW 1.1 million for the retainer fee and the amount equivalent to 2% of the successful bid price if the Defendant A is awarded the bid for the instant apartment in the said voluntary auction procedure (hereinafter “instant fee”).

3) On April 18, 2014, Defendant A purchased the instant apartment at KRW 378,518,000 in the voluntary auction procedure conducted by the Seoul Northern District Court DD. B. On March 28, 2014, and the Agreement 1 March 30, 2014, Defendant A, the spouse of Defendant A, was initiated on March 4, 2013 with respect to No. 1204 of the H No. 38, Dong 12, 38, Dong 12, 2013, Seoul Northern District Court I.

2) On March 28, 2014, F entered into an agreement with the Defendants on March 28, 2014, between Defendant B and the Defendants, that at the same time, the letter of delegation for the issuance of “a certificate of the existing house (existing house subject to reduction or exemption) issued by one household to Defendant F regarding the said apartment is deemed to extinguish the instant fee obligation (hereinafter referred to as the “agreement”).

(3) On March 28, 2014, Defendant B issued a letter of delegation to F to delegate all the powers concerning the issuance, receipt, and receipt of “a confirmation of the existing house (existing house subject to reduction or exemption) by one household” concerning the said apartment immediately after the agreement was made by March 28, 2014.

4 The F shall be between the Defendants on March 30, 2014.