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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. 1) On October 14, 2016, a lawsuit, such as a claim for division of property against the Defendant, (i) C, and a claim for division of property following the destruction of de facto marriage relationship (U.S. Family Court D; hereinafter “instant divorce principal lawsuit”).
(2) Each real estate listed in the separate sheet No. 1 (hereinafter collectively referred to as “instant real estate”) on September 27, 2016.
(3) On September 27, 2016, on the ground that the real estate and equipment sales contract as stated in Schedule 1 and 3 of the attached Table 1 was rescinded due to the delay of the Defendant, the F filed a lawsuit claiming the return of the down payment and damages amounting to KRW 300 million (subsan District Court Dong Branch G). (2) The Defendant decided to delegate to the Plaintiff each of the above lawsuits (including counter-actions against the principal lawsuit of the instant divorce) and the application for the cancellation of the provisional disposition, and entered into a delegation contract with the Plaintiff on October 19, 2016 (hereinafter “instant delegation contract”). The relevant contents of the instant case are as follows.
On the other hand, the upper limit of the successful fee was the first KRW 10 million, and the final agreement was made by increasing the amount of KRW 20 million.
Article 7 (Remuneration for Performance)
(a) When the delegated affairs of contingent remuneration have succeeded to a judgment, judicial or extra-judicial reconciliation (including a decision of recommending reconciliation), mediation (including a decision in lieu of mediation), etc., the contingent remuneration shall be paid in accordance with the following classification:
- No more than KRW 50,000,000,000. (b) The divorce lawsuit of this case 1) C sought the transfer of ownership of the real estate of this case and motor vehicles listed in the separate sheet Nos. 2, and the payment of KRW 288,489,629 from the principal lawsuit of this case to the division of property.
(C) Upon filing a principal lawsuit for divorce of this case, C sought the transfer of ownership to the real estate of this case and the Cheongbuk-do Office H with division of property, but amended the purport of the claim as above). C is the principal lawsuit for divorce of this case.