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(영문) 서울중앙지방법원 2017.08.24 2017나24686
현금보관금 반환
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1, Gap evidence 4, and Eul evidence 1 to 3:

On February 7, 2007, the Plaintiff entered into a litigation delegation contract (hereinafter “instant delegation contract”) with the Defendant, an attorney-at-law, with respect to the claim for cancellation of registration of preservation of ownership between the Plaintiff, C and D, as follows:

I agree that you shall delegate to you the agency work for the case in question to you and shall comply with the following matters:

Article 2 (Advanced Payment) The sum of 0 million won per annum shall be paid to ear upon the commencement of delegated affairs.

except that the advance shall not be claimed for the cancellation of delegation or any other cause.

Article 5 (Voluntary Remuneration) (1) A successful performance of delegated affairs shall be immediately paid in accordance with the following classification:

1. Gold million won, in case of winning the whole amount;

2. In case of partial winning, the amount equivalent to 5% of the value of the economic benefits accruing therefrom; and

B. Meanwhile, on October 24, 2008, the Plaintiff lent KRW 20,000,000 to the Defendant, and prepared and received a custody certificate (Evidence No. 1) from the Defendant.

C. On or around March 23, 2007, the Defendant, as the Plaintiff’s legal representative, cancelled the Plaintiff’s registration of initial ownership as to C, D, and E, and completed the registration of initial ownership on June 2, 1969 with respect to the size of 965 square meters prior to Gangnam-gu Seoul Central District Court’s 17682, which was completed on June 2, 1969, and the registration of initial ownership completed on June 30, 199 with the receipt of No. 58828, which was completed on June 30, 199. Defendant D shall cancel each registration of initial ownership completed on June 2, 1969 by the receipt of No. 17682, and completed on June 30, 199 with respect to the size of G2,618 square meters as the receipt of each registration office on June 28, 2012. Defendant D shall cancel each registration of initial ownership completed on June 30, 1999.

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