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(영문) 서울중앙지방법원 2015.01.16 2013가단5192646
약정금
Text

1. The defendant's share of 12/110 of the defendant's share of 6/10 of 793 square meters of C forest land in Sungsung-si.

Reasons

1. Facts recognized;

A. The Defendant’s evidence D (hereinafter “the deceased”) died on April 6, 1931.

The deceased’s property was inherited by E on February 1, 1981, but E died on February 1, 1981, the Defendant and Nonparty F, G, H, I, J, K, K, L, etc. (hereinafter “heirs”) were jointly inherited.

B. Around January 2007, F was drawn up with a letter of delegation from the inheritors, including the Defendant, to the effect that “F shall delegate to F all the powers in the action against M et al. five parcels” (F’s letter of delegation form, the heir affixed a seal or the F affixed a seal with a seal affixed from the heir).

The power of attorney (the evidence No. 2-1, hereinafter referred to as "the power of attorney of this case") of the defendant's name affixed the defendant's seal imprint.

C. F around January 31, 2007, on behalf of the heir, the Plaintiff, an attorney-at-law, delegated the duties, such as litigation for ownership verification on the entire real estate owned by the deceased (hereinafter “instant delegation contract”). D.

The Plaintiff agreed to receive an amount equivalent to 40% of the value of economic benefits accrued therefrom as a successful fee in the instant delegation contract (hereinafter “instant arrangement”) in the event of winning a lawsuit in the instant delegation contract.

E. On May 22, 2007, the Plaintiff filed a lawsuit on behalf of F against N and Gyeonggi-do claiming the cancellation of ownership transfer registration, etc. (U.S. District Court 2007Da4230, hereinafter “the lawsuit”).

On May 14, 2009, the court rendered a favorable judgment on the plaintiff (F) with the purport that the registration of ownership preservation of N and the cancellation of the registration of ownership transfer under the name of Gyeonggi-do should be made. The above judgment became final and conclusive on June 6, 2009.

F. On August 4, 2009, the inheritors registered the ownership of the instant land according to their respective inheritance shares in accordance with the above judgment.

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