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(영문) 대전지방법원 2018.12.18 2018나105604

소송성과보수금청구 독촉 사건

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1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.

Reasons

Facts of recognition

On February 24, 2015, the Plaintiff, an attorney-at-law, concluded a delegation agreement between the Defendants on the legal reserve of inheritance filed by the Defendants against E and F, and the claim for inheritance, with respect to the Plaintiff’s legal reserve of inheritance and the claim for inheritance (hereinafter “instant delegation agreement”).

Article 7 of the delegation agreement of this case provides that the Defendants shall pay to the Plaintiff the amount equivalent to five percent (including value-added tax) of the value of economic benefits acquired in favor of the Plaintiff as contingent remuneration (hereinafter “instant performance remuneration agreement”).

On March 11, 2015, according to the instant delegation agreement, the Plaintiff filed a lawsuit against the Defendants on behalf of the Defendants under the instant delegation agreement, and filed a lawsuit claiming the return of legal reserve of inheritance No. 2015da20295 (hereinafter “instant lawsuit”) with the Daejeon District Court, Daejeon District Court Branch, 2015da20295 (hereinafter “instant lawsuit”). The

From the first instance court of the instant lawsuit on May 18, 2017, part of the Plaintiff’s winning judgment (hereinafter “instant related judgment”) was pronounced as follows.

(1) In the following box, the plaintiffs are the defendants of this case) 1. Defendant E:

A. On April 22, 2015, the procedures for the registration of ownership transfer on the ground of the return of legal reserve of inheritance on April 22, 2015 with respect to the portion of 24,558,706, out of each real estate listed in the separate sheet No. 1 attached hereto, are implemented to the Plaintiffs;

B. Each of the plaintiffs B and D shall pay 4,615,384 won and 5% interest per annum from October 1, 2006 to April 25, 2017, and 15% per annum from the next day to the day of full payment.

2. Defendant F shall:

(a) On March 27, 2015, the procedure for the registration of ownership transfer for the return of legal reserve on March 27, 2015, with respect to the portion 15,94,773/3 of each of the real estate listed in attached Tables 2, 4, 5, 10 through 16 in attached Tables 2, 4, 5, and 10 to the plaintiffs;

B. 5% per annum from October 1, 2006 to April 25, 2017 and 15% per annum from the next day to the day of full payment to Plaintiff B and D respectively.