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(영문) 대법원 2018.11.29 2018다22077
건물명도
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

1. As to the assertion of violation of the Attorney-at-Law Act

A. The Plaintiff and the Defendant’s attorney at the lower court are attorneys-at-law affiliated with the same law firm.

Therefore, the litigation performance conducted by the defendant's attorney is contrary to Article 31 (1) and (2) of the Attorney-at-Law Act, or there is a possibility that the plaintiff and the defendant's attorney conspired to perform an unreasonable litigation to the defendant. Thus, the litigation conducted by the defendant's attorney at the court below is invalid

B. 1) The Plaintiff himself is an attorney-at-law belonging to the Department of Maritime Affairs and the Department of Maritime Affairs. 2) The Defendant’s attorney is an attorney-at-law belonging to the Department of Maritime Affairs and the Department of Maritime Affairs and Family Affairs.

3) The Defendant’s attorney performed a lawsuit on behalf of the Defendant from the first instance to the judgment of the appellate court, and the judgment in favor of the Defendant was pronounced in the first instance court. (c) Article 31(1) of the Attorney-at-Law Act provides that “the attorney-at-law shall not perform his duties with respect to any of the following cases,” and subparagraph 1 of the same Article provides that “the attorney-at-law shall not perform his duties with respect to a case which falls under any of the following subparagraphs,” and subparagraph 2 provides that “the other case to which the other party to

Paragraph (2) of the same Article provides that “A law firm shall be deemed an attorney-at-law in the application of Paragraph (1) 1 and 2.”

2. Article 31 (1) and (2) of the Attorney-at-Law Act limits the act of attorney-at-law with respect to a case in which the other party to the case consented to the acceptance by one of the parties, i.e., the act of attorney-at-law delegated by the other party, and in such a case, the same

When an attorney-at-law performs his duties in connection with the same case, one of the parties to the case who trust the attorney-at-law and delegate the case.

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