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1. The defendant shall pay 31,650,000 won to the plaintiff and 20% per annum from October 1, 2013 to the day of complete payment.
Reasons
1. Basic facts
A. On March 17, 2009, the Defendant agreed to entrust the Plaintiff, an attorney-at-law, with a lawsuit (hereinafter “first delegation contract”) on March 17, 2009, and pay 30% of the value of economic benefits with contingent fees without starting fees, in order to file a lawsuit against C for confirmation of ownership of trees located on two parcels of land located in the Republic of Korea (hereinafter “the instant forest”) located on the ground of the original city, the original city, and for filing for registration of creation of superficies. The Defendant agreed to pay 30 million won as contingent fees when economic benefits themselves become trees on the land of the said forest.
(2) On March 20, 2009, the Plaintiff filed a lawsuit against C on behalf of the Defendant for the purchase price claim and the creation of superficies under the Chuncheon District Court Decision 2009Gadan3011, and filed a lawsuit against C on behalf of the Defendant. The Plaintiff appealed the entire judgment against the Defendant on December 16, 2009.
(3) On December 28, 2009, the Plaintiff and the Defendant entered into an agreement with the first instance court to delegate a lawsuit as to the said appellate court (Seoul High Court 2010Na6736), and on July 12, 2010, the conciliation was concluded that “C recognizes the Defendant’s ownership of trees on the ground of the instant forest land and agrees to the Defendant’s punishment of all trees, and the Defendant shall complete the punishment of trees on the trees until December 31, 2013, and waives the ownership of all trees thereafter.”
(4) After December 31, 2013, the Defendant completed the felling of trees on the ground of the instant forest.
B. The conclusion of the second delegation contract (1) E filed a lawsuit against the Defendant for the cancellation of ownership transfer registration as the main branch court of Chuncheon District Court 2010Kadan5228, and the Plaintiff filed a lawsuit with the Defendant upon delegation of the lawsuit by the Defendant.
On February 22, 2011, the above court rendered a judgment dismissing E’s claim, and the appellate court was proceeding with Chuncheon District Court 201Na1433 due to E’s appeal.
(2) On September 5, 201, the Defendant started the instant appellate case to the Plaintiff on September 5, 201.