2012 Single28828 Agreements

법무법인 ■■■■

Representative Song** 1

Attorney Shin-sung et al., Counsel for the defendant

Doz. ○○ Doz. Doz.

1. Kim○-○

2. △△;

3. The regular △△△ branch;

Defendant 3. The completion of the attorney-at-law and the knife vote

July 18, 2013

August 22, 2013

1. Within the scope of the property inherited from the deceased Jong-○ to the Plaintiff, Defendant Kim Jong-○, 18, 034, 285

Won, Defendant 1, △△△, and △△△△, respectively, and each of the said money from August 19, 2010 to the said money, respectively.

Until September 18, 2012, 5% per annum and 20% per annum from the next day to the day of full payment.

D. The sum of the calculated amounts is paid.

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

3. Paragraph 1 can be provisionally executed.

Order 1)

1. Presumed facts

A. The Plaintiff, on April 5, 2010, was a land for which the Plaintiff was under the assessment of the price of the ship, such as Jeong-○, from Jung-○.

A parcel of land, such as a square of 49 meters in a river, in which the State is a registered titleholder,** in the city** in the Myeon* in Ri*4* in the * in the 2nd river.

A lawsuit seeking cancellation of registration was accepted (hereinafter referred to as the "Commission agreement of this case").

B. At the time of the above case acceptance agreement, the plaintiff and Jung Jong-○ shall bear the costs of the retainer and all expenses.

When the affairs are successful, ○○ is 30% of the value of the economic profit that the plaintiff won immediately.

The success fee was determined to be paid as contingent remuneration.

C. The Plaintiff’s ○○ et al. pursuant to the above acceptance agreement and Defendant 2010 of this Court by Korea.

Ga 134927 filed a lawsuit to cancel ownership transfer registration, and the above case was on August 18, 2010

The final decision (hereinafter referred to as the "decision on recommending the reconciliation of this case") was concluded.

D. Details of the above ruling of recommending reconciliation are as follows: (a) under the name of the Republic of Korea, etc. on the land of five parcels as stated in the above paragraph.

The purport of the claim was identical to that of the claim seeking cancellation, and on the other hand, the officially announced value of the above five parcels of land.

Total amount is KRW 127, 708, 800 as of January 1, 201, and KRW 140, 267, and 00 as of January 1, 201, respectively.

E. On February 11, 2013, while the instant lawsuit was pending, ○○ was killed, and his heir was the inheritor.

Defendant Kim ○ (Share 3/7) (Share 3/7) and his children, Defendant Cheong-ri, and △△△△ (Share 2/7, each of the shares of inheritance), and children.

In the Republic of Korea, I renounced inheritance, and the report of qualified acceptance was accepted against the above Defendants.

[Grounds for Recognition]: Facts without dispute, entry of Gap 1-4 evidence (including branch numbers), the purport of the whole pleadings

2. Determination

(a) Scope of the payment of contingent remuneration;

In light of the substance of this lawsuit in the premise, it shall be obtained when the case is won.

'Economic benefits' shall be deemed to be the amount equivalent to the market value of five parcels of land subject to a cancellation suit.

On January 1, 2012, the Plaintiff’s total amount of KRW 140,267,000 as of January 1, 201, as the standard economic profit.

As such, it is close to the date of the decision on recommending the settlement of this case, and the officially announced value of January 1, 201 as of January 1, 201.

The limit is 127, 708, 800, and the officially announced value is assessed below the normal actual transaction value. Therefore, the actual transaction price is the actual transaction price.

In the case of Japan conversion, 182, 441, and 142 won (less than won) where the officially announced price is 70% of the actual trading price.

Where the officially announced land price is 80% of the actual trade price, 159, 636, 000 won, and the officially announced land price is in office.

In light of the fact that the transaction reaches 141, 898, and 666 won in the case of 90% of the transaction, the recommendation for compromise is made above.

At least 140, 267, 000 won claimed by the Plaintiff at least the market value of the above five parcels of land as of the date of determination

In conclusion, the value of economic benefits under the instant delegation agreement is the value of the instant case’s agreement.

140, 267, 000 won 30% 42, 080, 100 won, and 42, 080, 100 - ○○○ Ha sought by the Plaintiff.

The success fee must be considered as the contingent fee.

B. The scope of the defendants' specific liability for payment

According to the premise facts, the Defendants were qualified as the inheritor of ○○○, so the Defendants were able to do so.

Within the scope of property inherited from ○, Defendant Kim ○, 18,034,285 won ( = 42,080,000 won)

Inheritance 3/7, serveration less than won, hereinafter the same shall apply), Defendant Periodical, and △△△△△, respectively ( = 12,022, and 857 won =

42 For each of the above amounts, 080, 000, 2/7) and each of the above amounts, the contingent fees pursuant to the delegation agreement of this case

Date of the decision to recommend the settlement of this case, which is the deadline for payment (the deadline for the payment obligation shall be in accordance with the above acceptance agreement

from August 19, 2010 to the date following the date of the final decision to recommend reconciliation in this case, which falls under public.

By September 18, 2012, 5% per annum provided for in the Civil Act and 5% per annum from the following day to the day of full payment shall be promoted.

Every 20% year under the Act on Special Cases Concerning the Settlement of Stocks, etc., shall be liable to pay damages for delay calculated by

(C) [Ma○○] Since the success fee sought by the Plaintiff is excessively unfair and excessive, the exceeding part is excessive.

The defendants asserted to be null and void (the defendants did not appear on the date of pleading and ○○'s assertion on the date of pleading)

the Plaintiff, as seen in the premise facts, all of the retainers, other expenses, etc.

(2) The court below held that the attorney’s delegation of litigation is a principal duty, but not a principal duty.

D. Documentary assertion of legal principles requiring high-level expertise, collection and submission of evidence corresponding thereto, etc.

The fact that it is necessary to make a lot of effort in preparation or proceeding of a lawsuit, and the client, such as the net ○○, etc., is the plaintiff

70% of the market price of the land of this 5 parcel in the premise facts through the action requested by the court.

In light of the fact that the plaintiff acquired an adequate interest, the plaintiff's action that the plaintiff accepted without pleading.

Even if the decision to recommend reconciliation is terminated immediately, such circumstance alone is sought by the Plaintiff.

The success fee shall not be deemed to be excessive or unfair, and it shall be recognized otherwise.

There is no evidence.

3. Conclusion

If so, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.

Judges Park Jae-sik

1) While the instant lawsuit was pending, the Plaintiff was a party to the lawsuit following the death of Defendant Ma○○○, and the Plaintiff was a party to the lawsuit on April 26, 2013.

With respect to a claim for an agreed amount, which is the water, the Defendants sought monetary payment according to their shares in the inheritance, but the claims were amended on July 10, 2013.

Defendant 1 △△△△, the primary ○○○ by filing an application for change of the purpose and the cause of the claim with the competent △△△△△△△△, the competent △△△△△△△

[Attachment-si] Kimpo-si** Eup* * * 4* * -2 1, 197/273 shares in three parcels of land, such as 197/273 shares, each of which was concluded on June 2, 2011.

The gift contract shall be revoked within the limit of 50,000,000 won, and the defendant Jeong △△△△ shall be revoked, and the decision of this case shall have become final and conclusive for the plaintiff 50,00,000,000 won and the plaintiff.

D. The principal claim was added to the sum of 5% per annum from the day of full payment to the day of full payment, but the principal claim was made from the Do-Ma-Ma.

As his heir does not belong to the scope of the subject matter of a lawsuit taken over to the Defendants, the modification of the purport of the claim shall not be permitted, and the claim and claim in the preliminary claim.

Only changes in the cause were permitted.

2) The Plaintiff appears to have laid down not more than 100 won as stated in the purport of the claim.