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(영문) 부산지방법원 2020.01.14 2019가단312216
사해행위취소
Text

1. The Selection C is the Plaintiff KRW 21,189,056, as well as 5% per annum from May 4, 2019 to January 14, 2020.

Reasons

1. Facts of recognition;

A. The plaintiff is a mandatory who requested a civil case from C when referring to the appointed person as an attorney at law (hereinafter referred to as "the defendant"). The defendant C is a delegating person.

Dor Selection Party B (hereinafter referred to as the “Defendant”) is the female of Defendant C, and Defendant D, E, F, and G are the spouse and children of Defendant B.

B. (i) On July 15, 2016, Defendant C filed a suit for the implementation of the principal registration procedure based on provisional registration (hereinafter “related litigation”) against Nonparty C (hereinafter “Nonindicted Party”) on the grounds of the following claims with the Ulsan District Court I: (a) around July 15, 2016.

Attached Form

The respective real estate indicated in the list (hereinafter “each of the instant real estate”) is a real estate that the Nonparty acquired on August 7, 2000, and on May 20, 2003, Defendant C entered into a pre-sale agreement with the Nonparty for sale and purchase amounting to KRW 63,50,000, and completed the registration of ownership transfer claim as the receipt of No. 26913 on May 21, 2003 by the Ulsan District Court Yangsan District Court’s registration office, and around May 15, 2013, the registration of ownership transfer claim was not implemented.

B. On June 16, 2016, Defendant C entered into the instant delegation agreement (hereinafter “instant delegation agreement”) with the Plaintiff, an attorney-at-law, with the following content in the course of filing the pertinent lawsuit.

The contents of the instant delegation agreement relating to the instant case are as follows.

Article 3 (Scope of Right of Approval) B (Defendant C) (the defendant C) shall grant the qualification and authority stated in the power of attorney or letter of appointment prepared and issued separately to Gap (Plaintiff).

Article 6 (Remuneration) The remuneration shall be paid as follows:

(1) Eul shall pay Gap a sum of KRW 3.3 million (including value-added tax) at the same time as the conclusion of the delegation contract.

(b) Where successful remuneration is delegated, the successful remuneration shall be paid according to the following classification:

(2) Any person who has won a prize.

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