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(영문) 서울중앙지방법원 2020.02.12 2019나264

양수금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On April 15, 2015, the Defendant, C, and D (hereinafter “Defendant 2”) filed a lawsuit for ownership transfer registration against E (hereinafter “instant lawsuit”) with the court F (hereinafter “instant lawsuit”) (the primary cause of claim is the claim for ownership transfer registration under an agreement, and the conjunctive cause of claim is the claim for ownership transfer registration). The Defendant’s attorney, et al. and two other attorneys were law firms (hereinafter “law firm”) G (hereinafter “law firm”), and the Plaintiff was the Plaintiff.

1. E shall divide 7,603 square meters (2,300 square meters) out of 34,294 square meters of forest land in Daegu-gun, Daegu-gun (hereinafter “the instant forest”), and shall implement the procedure for the registration of ownership transfer to the Defendant by dividing it into 9,917 square meters (3,000 square meters) among them.

2. E shall deliver all the documents necessary for the procedures for the registration of ownership transfer under paragraph (1) to a certified judicial scrivener to implement each procedure for the registration of ownership transfer.

3. Defendant et al. and two others withdraw respectively the application for provisional disposition for Sung-nam branch court 2015Kadan50178 and the application for provisional attachment from Seoul Central District Court 2016Kadan80150 and cancel its enforcement.

4. The defendant et al. and two others do not raise any problem as to the property inherited by E in the future by J/W of the deceased and the deceased K.

5. The defendant, C, and D waive their respective claims of this case.

6. The costs of lawsuit and the costs of mediation shall be borne respectively;

B. On September 3, 2015, the instant lawsuit was brought before the conciliation (hereinafter “instant conciliation”). The Plaintiff, as an attorney, prepared a complaint, preparation document, etc. as to the instant lawsuit and conciliation, and made an attendance at the filing of a request for delivery of documents, application for appraisal, and date of conciliation. On July 14, 2016, the instant court rendered a decision in lieu of conciliation (hereinafter “instant compulsory conciliation decision”).