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(영문) 인천지방법원 2017.12.06 2016나12588
보관금반환
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. The retainerion of Article 5 of the basic facts;

A. The plaintiff shall pay 4,400,000 won to the defendant simultaneously with the formation of a delegation contract.

Article 6 If the delegated affairs of the contingent remuneration have succeeded to a judgment, settlement (including a decision of recommending reconciliation), mediation (including a decision in lieu of mediation), etc., the contingent remuneration shall be paid by mutual agreement between the plaintiff and the defendant according to the following classification:

For this purpose, the defendant shall receive the judgment amount from the other party to the lawsuit and deduct the successful remuneration from the other party, and shall delegate the authority to receive the judgment amount to the defendant.

When a lawsuit is concluded due to early agreement or mediation, 10% of the economic interest (each written statement) at the time of termination due to the progress of the lawsuit, such as the judgment of KRW 6,000,000.

A. On October 22, 2014, the Plaintiff was the deceased C’s spouse (Death on January 3, 2016), and D delegated the agent of the case of divorce conciliation between the deceased C and D (U.S. District Court 2014pppppppppppppppppppppppppppppppppppppppppppppppppppppppppppp

(hereinafter “instant delegation”). The main contents of the delegation agreement prepared at the time are as follows:

Decisions

1. D and the network C shall be divorced.

2. The division of property following the divorce between D and the deceased C shall be determined as follows:

D shall implement the registration procedure for transfer of ownership based on the division of property with the fixed date of the decision to recommend the settlement of this case with respect to the area of 761m2 before E at the time of leisure to the net C.

B. The net C implements the registration procedure for transfer of ownership based on division of property on the date of the decision to recommend the settlement of this case with respect to a building on the ground of 727 square meters wide in the city of leisureing to D.

C. D shall pay the net C property division of KRW 15,00,000,000 to the account under the name of the deceased C (Defendant) attorney within three days from the date of the final decision to recommend the settlement of this case.

Except for the above matters, the property in the name of D and the deceased C as of the final date of the decision to recommend reconciliation in this case shall be the property.

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