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(영문) 대법원 2018.08.01 2016다242716
부당이득금
Text

The judgment below

Among them, the part against the Plaintiff (Counterclaim Defendant) is reversed, and that part of the case is remanded to the Panel Division of Suwon District Court.

Reasons

The grounds of appeal are examined.

1.(a)

Article 3 of the Attorney-at-Law Act provides that "general legal affairs" shall be one of the duties of attorney-at-law, and Article 109 (1) of the Attorney-at-law Act provides that a person who is not an attorney-at-law shall be punished in cases where

In light of the purport of Article 109 subparag. 1 of the Attorney-at-Law Act that intends to maintain the legal system by prohibiting a person, other than an attorney-at-law, from participating in the handling of legal affairs, “legal counseling” under the above Article includes providing advice or information on substantive and procedural matters related to legal disputes, or providing advice or assistance on legal and factual matters necessary for resolution thereof (see, e.g., Supreme Court Decision 2004Do6676, May 27, 2005). In addition, “legal affairs” under the above Article 109 subparag. 1 of the Attorney-at-Law Act refers to the handling of matters that generate, alter or alter legal effects and the handling of matters that preserve

This includes the so-called “rights analysis service” to analyze the acquisition, loss, conflict, and heating relationship, etc. of the rights corresponding to the legal effect of the rights and obligations recorded in the real estate rights and obligations or the registration record of real estate (see Supreme Court Decision 2007Do1039, Feb. 28, 2008). This includes the analysis of the rights of real estate subject to auction, with a view to presenting necessary data on real estate subject to auction, and explaining the legal relationship, transaction or restriction on use thereof, and providing and advising on the economic value (see Supreme Court Decision 2001Do790, Apr. 13, 2001).

Article 2 (1) 5 and 7 of the Certified Judicial Scriveners Act shall perform affairs incidental to affairs such as consultation on the acquisition of property in an auction case under the Civil Execution Act, representation for an application for purchase, and consultation and advice necessary therefor.

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