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(영문) 의정부지방법원 2018.05.09 2017가단132113
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 132,497,604 and the interest rate of KRW 15% per annum from December 13, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On June 22, 1965, the registration of ownership transfer was completed in the Defendant’s father D’s name on May 17, 1988, and on November 13, 1978, the Defendant’s mother’s registration of ownership transfer was completed in the name of F on August 13, 1978 with respect to the E-gi 470 square meters (hereinafter “each of the instant lands”). The registration of ownership transfer was completed in the Defendant’s name on August 16, 1996.

B. On February 9, 2015, G clans Association (hereinafter “foreign clans”) filed a lawsuit against the Defendant for ownership transfer registration on the grounds of termination of title trust with respect to each of the instant land by Suwon District Court Branch Branching 2015Gahap201073, and the Plaintiff, an attorney-at-law, entered into a delegation agreement with the Defendant on the said first instance trial and performed the lawsuit as the attorney-at-law. On November 11, 2015, the said court rendered a dismissal judgment on the grounds that H’s power of representation, expressed as the representative of Nonparty clans, is not recognized.

Accordingly, the non-party to a clan again held a provisional clan general meeting to supplement the requirements of the lawsuit, and then appealed as Seoul High Court 2015Na2069639, and the plaintiff concluded a delegation agreement with the defendant on the above second instance lawsuit and performed the lawsuit as a legal representative. The court of the second instance sentenced the non-party to dismiss the claim of the non-party clan on November 11, 2016 on the ground that no title trust agreement exists, and the above judgment became final and conclusive on December 6, 2016.

C. Meanwhile, each of the instant lands was expropriated on May 19, 2015, and the ownership transfer registration was completed in the name of the Korea Land and Housing Corporation on June 2, 2016, and the Defendant acquired the land compensation claim of KRW 2,930,096,450 due to the expropriation of each of the instant lands against the Korea Land and Housing Corporation (hereinafter “instant land compensation claim”). Nonparty 2,930,096,450 due to the expropriation of each of the instant lands, and Nonparty 2, on April 13, 2015, was “the provisional attachment of the instant land compensation claim of KRW 2015,60.”

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