계약무효확인 등 청구의 소
1. The Plaintiff (Counterclaim Defendant) A indicates 1, 2.0 of the land indicated in the attached list No. 1 from the Defendant (Counterclaim Plaintiff).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Defendant’s acquisition of shares in the land before the instant partition 1) Plaintiff A was a ky of D (Death around April 198), and Plaintiff B was a son of Plaintiff A. D. The Plaintiff A bequeathed 1/2 shares in the size of 8,436 square meters before the Gyeonggi-gun E on September 6, 1990. The said land was bequeathed to Plaintiff A on March 13, 1995. The said land was the E large 50 square meters on March 13, 1995 and the F,936 square meters before the instant partition (hereinafter “the land before the instant partition”).
(2) The Plaintiff A appointed the Defendant as a legal representative to complete the registration of ownership transfer for the entire land before the instant subdivision, and agreed to pay part of the land before the instant subdivision to the Defendant as a contingent fee.
3) The Defendant, on behalf of the Plaintiff A, sought implementation of the procedures for ownership transfer registration on the land before the instant partition against D’s inheritors as Seoul Northern District Court 2005Kadan1060 (hereinafter “instant lawsuit”).
On March 2, 2006, when the lawsuit was pending, Plaintiff A completed the registration of ownership transfer based on testamentary gift with respect to the shares of 4,218/7,936 out of the land before the instant partition. On February 19, 2008, the above court rendered a judgment on February 19, 2008 that “D’s inheritors shall implement the procedures for the registration of ownership transfer based on private donation with respect to shares of 3,718/7,936 out of the land before the instant partition.” The above judgment became final and conclusive around that time. (4) On February 2, 2009, Plaintiff A completed the registration of ownership transfer with respect to shares of 626/7,936 out of the land before the instant partition as a successful remuneration to the Defendant.
On June 10, 2009, Plaintiff A completed the registration of transfer of ownership with respect to the portion of 1,488/7,936 of the land before the instant partition to the Defendant, separate from the aforementioned contingent remuneration.
Accordingly, the Plaintiff A shares 5,822/7,936 with respect to the land before the instant partition, and the Defendant shares 2,114/7,936.