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(영문) 서울중앙지방법원 2015.09.16 2014가합592887
약정금
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

The summary of the case is the case where the plaintiffs and E, F, G, H [referring to the heir of 7 deceased deceased (the deceased on November 27, 1991), and the plaintiff et al.] transferred 3/7 shares of the above land to the defendant as a contingent fee for the contract of delegation related to 605 square meters of the land for J-gu Seoul, Guro-gu, Seoul, but the defendant failed to perform the measures of securing ownership under the delegation agreement and did not fulfill the conditions of paying contingent fees, and the plaintiffs seek payment of the amount equivalent to the market price of the above land to the defendant.

On August 31, 2012, E, F, G, and H of the instant delegation agreement (Evidence A7) on the premise that the Defendant, an attorney-at-law, entered into a litigation delegation agreement as follows with respect to the said land:

Article 1 (Contents of Delegated Affairs) A (E, F, G, and H) shall delegate the following affairs to B (Defendant).

Article 2 (B) (B) of the Land Use Fee Claim lawsuit due to the cause of inheritance registration : No (B) inheritance registration, measures to secure ownership, and all costs of lawsuit: B shall be paid by subrogation.

Financial compensation and other expenses: It shall be dealt with in consultation with Gap and Eul.

Article 3 (Co., Ltd.) Section 1 (B) 1 (B) 1 (B) 1 (B) 2 (30% or more) 2 (30%) 2 (30% or more) 3) 2 (4) 2.

Accordingly, the success fee for Article 1 (1) (2) is terminated.

Article 1 (2) of the National Emergency Management Act shall apply to the cause of the occurrence of the disaster, and in the case of winning a contract, the amount of 30 percent of the land usage fee shall be paid to B, and the amount of the litigation cost

On July 6, 1959, the registration of ownership transfer was completed on April 25, 1958 in the name of the deceased I.

The defendant, pursuant to the delegation agreement of lawsuit, on September 10, 2012, with respect to one-seven share of each of the instant land on September 10, 201, on November 27, 1991, for inheritance by consultation and division.

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