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(영문) 서울북부지방법원 2015.02.06 2014가단410
손해배상
Text

1. The Defendant’s KRW 25,104,546 as well as the Plaintiff’s annual rate of KRW 5% from January 9, 2014 to February 6, 2015 and the next day.

Reasons

1. Facts of recognition;

A. On May 4, 2006, the Defendant obtained authorization from the head of Dongdaemun-gu Seoul Metropolitan Government for the establishment of a new construction of an apartment 451 household and a commercial building 9 households (hereinafter collectively collectively referred to as the “instant apartment”) with the aim of implementing a housing redevelopment improvement project on a total of 22,840.8 square meters of land outside Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and 183 square meters. On October 13, 2009, the Defendant started construction on December 23, 201, and obtained authorization for the completion of construction on October 25, 2013.

B. On November 8, 2011, the Plaintiff entered into a service contract with the Defendant regarding registration, etc. (hereinafter “instant service contract”) and its main contents are as follows.

Article 2 (Scope of Agency Business) Paragraph (1) of Article 2 (Scope of Agency Business) The duties to be delegated to the defendant are as follows:

(1) The analysis of all rights, such as ownership and limited real rights, to partners. (2) The registration of the establishment of a neighboring mortgage and the trust registration following the payment of relocation expenses. (4) The registration of the transfer of ownership of State-owned land, public land, and real estate acquired by a cooperative. (5) The registration of the cancellation of previous land and the registration of the transfer of ownership of the general purchaser. (6) The registration of the transfer of ownership of new buildings and the registration of the transfer of ownership of the general purchaser.

Article 3 (Fees for Agency) (1) The plaintiff shall calculate the fees for the defendant's vicarious performance of his/her duties through consultation with the appropriate fees prescribed in the official fee rate of the Certified Judicial Scriveners Association, and shall not cause a civil petition to the defendant due to the unfair excessive fees.

(hereinafter referred to as "Cancellation of Contract") Paragraph (1) of Article 5 (Cancellation of Contract) The defendant may terminate this contract only in the following cases, and the plaintiff may not raise an objection against this.

① When the Plaintiff loses his qualification as a certified judicial scrivener, ② the Plaintiff shall register under Article 2.

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