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(영문) 서울중앙지방법원 2016.06.03 2015나58579
부당이득금반환
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiffs, as the owners of land and commercial buildings incorporated in the Seo-gu Incheon Western Urban Development Project District, are the clients delegated with the civil litigation affairs of claiming compensation for land expropriation against the Korea Land and Housing Corporation (U.S. District Court 2010Guhap13464, hereinafter “instant civil litigation”), and the Defendant is the attorney-at-law delegated with the said civil litigation and proceeded with the litigation.

B. On July 19, 2010, the Plaintiffs and 14 clients, including the Defendant, entered into a civil delegation agreement with the content that they shall pay 10% of the value of economic benefits (excluding value-added tax) as contingent fees without starting on July 19, 2010 (hereinafter “instant first delegation agreement”).

C. On February 21, 201, the Plaintiffs paid each civil case delegation agreement (hereinafter “instant second delegation agreement”) with the Defendant on the pretext of advance payment, with the Plaintiff’s KRW 5 million, and the Plaintiff’s KRW 7 million ( Plaintiff B paid KRW 10 million, but received a return of KRW 3 million on the 22th day following the following day). Thereafter, on June 8, 2011, the Plaintiffs entered into a civil case delegation agreement (hereinafter “instant second delegation agreement”).

Pursuant to the instant delegation agreement, Plaintiff A paid litigation costs to the Defendant; Plaintiff A paid KRW 200,000,000 for stamp fees on September 13, 2010; KRW 700,000 for appraisal fees on February 22, 2011; KRW 1.5 million for appraisal fees on April 19, 201; Plaintiff B paid KRW 200,000 for stamp fees on September 13, 2010; KRW 690,00 for appraisal fees on February 22, 201; and KRW 1.490,000 for appraisal fees on April 19, 201, respectively.

E. The first instance court rendered a judgment citing KRW 17,09,350 among the Plaintiff’s claims, and KRW 39,423,70 among the Plaintiff’s claims, respectively.

F. Of the litigation costs of the instant civil lawsuit, the part to be borne by the Plaintiff A is the sum of KRW 368,242 [A = stamp 77,942 [A = 721,400 x 18,000].

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