1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

1. Facts of premise;

A. On February 206, the original Defendant (the Plaintiff’s third village) and C (the Plaintiff’s punishment) agreed to recover two parcels of land E and F forest and fields E and F forest and bear the costs of lawsuit in the case of Chungcheongju, where the Defendant’s name was in the Defendant’s name D through a lawsuit.

(hereinafter “Agreement on Litigation Costs”). (b)

Accordingly, the plaintiff filed a lawsuit against D on February 21, 2006 to cancel the registration of ownership transfer in order to the Cheongju District Court 2006Kadan2691, which was judged in favor of the plaintiff on August 10, 2006, but the appellate court was ruled in favor of the plaintiff on May 2, 2007.

C. On May 14, 2007, the Plaintiff received KRW 2,000,000 from the Defendant as the litigation cost, and thereafter appealed to the Supreme Court on the 28th of the same month. However, the Supreme Court dismissed the Plaintiff’s appeal on July 26, 2007.

The Plaintiff, from the first instance court to the final appeal, appointed a defense counsel at both the first instance court and the final appeal court. On March 28, 2006, the Plaintiff spent the amount of KRW 4,000,000 as a defense counsel fee, and KRW 3,00,000 on November 27, 2006. From May 14, 2007 to July 24, 2007, the Plaintiff spent KRW 3,336,240 in total.

[Reasons for Recognition] : Facts without dispute, entry of Gap 1, 2, 4, and 8, and the purport of the whole pleadings

2. Determination

A. (i) The Plaintiff asserts that, among the total costs of lawsuit paid by the Plaintiff, the Plaintiff sought payment of the amount stated in the purport of the claim among KRW 4,792,33 [20,37,00 (per 20,377,000) - 2,00,000 paid by the Defendant], which is the amount obtained by deducting the Defendant’s payment from the Defendant’s share of total costs of lawsuit paid by the Plaintiff.

The fact that the total amount of the litigation expenses, such as attorney fees and service fees, confirmed by the plaintiff, is 10,336,240 won (=4,00,000 + 3,000,000 + 3,336,240 won) is identical to the fact of the premise.

However, as long as it cannot be excluded from cases where a lawsuit is initiated only with attorney fees without additional burden of other litigation costs, it seems that the above-mentioned amount exceeded 10,336,240 won and paid litigation costs are consistent with the plaintiff's assertion.