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(영문) 서울중앙지방법원 2017.12.21 2017가합504294
부당이득반환청구
Text

1. The Defendant’s KRW 674,414,850 as well as 5% per annum from February 3, 2017 to December 21, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the Housing Redevelopment and Improvement Project Association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) in order to implement the Housing Redevelopment and Improvement Project (hereinafter “instant Project”) in Seongdong-gu, Seoul. The Defendant is a law firm that performs the duties of attorney-at-law.

1. As to the instant business executed by the Plaintiff:

(a) all litigation affairs, including pre-dispositions (including provisional disposition and litigation affairs incidental thereto);

B. The registration of ownership transfer of state-owned and public land within the instant project zone, registration of destruction of a building and land, registration of establishment of neighboring mortgage and the completion of the instant project are completed, and at the same time, registration of ownership transfer for union members and registration of ownership transfer for general sale shall be delegated to the Defendant.

6. The defendant's remuneration in carrying out the above operations;

(a)for the attorney’s fees concerning all the litigation affairs, including a preliminary disposition and litigation affairs incidental thereto, the calculation shall be made in consultation with the Plaintiff for each case;

B. The remuneration for the management of all other registration affairs, such as transfer of ownership, registration of destruction of buildings and land, registration of creation of neighboring mortgage, preservation of ownership and transfer of ownership, etc. shall be calculated by applying the statutory remuneration specified in the calculation criteria of fees for certified judicial scriveners approved by the Chief Justice of the Supreme Court (Article 76 and attached Table 1 of the Rules on Remuneration for Certified Judicial Scriveners on April 1, 2006) and the discount rate (10% discount of the rules on remuneration for certified judicial scrivener) specified in attached Table 2 estimate 2.

7. The plaintiff shall pay 30% of the total remuneration calculated by applying the discount rate set out in the attached Table 2 to the defendant as the down payment within 10 days after the management and disposal general meeting and the remaining 70% of the total remuneration to the defendant within 20 days after completion approval.

Total amount of contracts: 2,248,049.

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