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(영문) 서울북부지방법원 2016.09.28 2014가합5474
법무용역계약 무효확인 및 손해배상
Text

1. The part of the claim for nullification of the legal service agreement among the lawsuits in this case shall be dismissed.

2. The remainder of the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. The Defendant is a reconstruction improvement project association approved by the head of Dongdaemun-gu Office on August 20, 2002 to implement a housing reconstruction project to remove the house, etc. of Dongdaemun-gu Seoul Metropolitan Government D and build new houses, etc. on the removed site (hereinafter “instant rearrangement project”, and the said project zone “instant project zone”).

B. On July 30, 2003, the Defendant entered into a legal services contract (hereinafter “instant services contract”) with a certified judicial scrivener C with respect to legal advice, legal incidental procedures in the course of performing the instant improvement project, and remaining registration affairs, as follows:

Article 2 (Scope of Business Activities) B (Certified Judicial Scriveners C) shall deal with all kinds of applications for provisional seizure, applications for provisional disposition, preparation and submission of a complaint, and various remaining registration affairs (registration of destruction of buildings, registration of trust, registration of establishment and cancellation of rights, registration of preservation of ownership, transfer of ownership, etc.) related to reconstruction projects implemented by Gap (Defendant) on behalf of Gap, such as procedures for legal accompanying in the course of performing business affairs during the implementation of the project, and other legal advice (including auction and non-contentious cases).

Article 3 (Fees for Agency Services) The fees for the agency services of A shall apply to the official fee rate of the Certified Judicial Scriveners Association.

C. On July 3, 2014, the head of the Seoul Northern District Court rendered a disciplinary measure to suspend his/her duties for six months from July 15, 2014 to January 14, 2015, on the ground that C received an excessive amount of KRW 101,09,000 in total from the Defendant’s members, such as the cancellation of moving expenses, registration of cancellation of trust, site registration, cost of preparing a certificate of cause, cost of drawing preparation, and breach of the duty of good faith provided for in Article 30 of the Certified Judicial Scriveners Act and the obligation of compliance with the rules of the Certified Judicial Scriveners Association.

2.3.

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