logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.06.24 2019나64541
소유권이전등기
Text

1. The plaintiff's appeal and the supplementary selective claims in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. On March 2007, the Plaintiff and M entered into a contract of delegation with the purport that M shall delegate the Plaintiff the litigation affairs concerning the claim for cancellation of registration of preservation of ownership of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) filed by M against the Republic of Korea, and shall pay 40% of the value of the economic profit as the contingent remuneration when winning the lawsuit.

(hereinafter “instant delegation contract”). B.

The plaintiff on behalf of M filed a lawsuit against the Republic of Korea for the claim for cancellation of registration of ownership preservation (hereinafter referred to as "transfer lawsuit"). On December 26, 2007, the above court rendered a favorable judgment against M on the plaintiff that "the Republic of Korea shall implement each procedure for registration of ownership preservation, which was completed as of September 5, 2006 as of the registration of ownership preservation on the 1 and 2 real estate in the attached list in the Suwon District Court, which was completed as No. 31164 on September 5, 2006, and as of the 3 and 4 real estate in the same list, which was completed as of August 26, 1986 by the receipt No. 16925," and the above judgment became final and conclusive at that time.

C. On February 23, 2015, M entered into a delegation agreement with the Plaintiff on the instant case with respect to which “N shall pay 40% of the economic profit value as a performance bonus.” However, M trading each of the instant real estate which is the subject matter of the instant case within three years and promising to pay the performance bonus at the same time (as a gift to secure this, 4/10 shares)” and issued to the Plaintiff.

(hereinafter referred to as the “instant arrangement”) D.

On April 10, 2015, M means 495/1980 of each of the instant real property; Selection D means 165/1980; 110/1980 of each of the instant real property; Selection H means 135/1980; 135/1980 of each of the instant real property; Appointed B; Defendant C; Appointed; I; and J means 90/1980 of each of the instant real property; Selection K means 297/1980; Selection L means 198/1980.

[Reasons for Recognition]

arrow