logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.08.21 2019가합42684
공탁금출급청구권자 확인의 소
Text

1. The plaintiff's primary claim among the lawsuit of this case is dismissed.

2. The defendant shall pay to the plaintiff KRW 130,027,345 and its amount.

Reasons

1. Basic facts

A. On May 23, 2013, the Korea Land and Housing Corporation rendered a ruling to expropriate 99.2/104 shares of the D 104 square meters of land owned by the Defendant, E land for factories, E land for factories, and F land for factories, 93 square meters of land for factories.

B. The Defendant received 2,708,351,880 won as compensation according to the above acceptance ruling from the Korea Land and Housing Corporation, and then filed a lawsuit claiming an increase in the amount of compensation (hereinafter “instant related lawsuit”) against the Korea Land and Housing Corporation by appointing G law firm G and seeking to increase the compensation amount of KRW 238,615,720.

C. While the Defendant is proceeding with the first instance court (H) of the instant lawsuit, the Defendant appointed the Plaintiff instead of the law firm G, and decided to raise an objection to the said decision of recommending reconciliation and proceed with the appellate trial. On July 6, 2015, the Defendant entered into a contract for the delegation of a lawsuit (hereinafter “instant delegation contract”) under which the Plaintiff entered into an agreement for the payment of contingent fees under the following terms and conditions with the Plaintiff:

Article 3 (Voluntary Remuneration): The mandator shall pay the plaintiff the contingent remuneration under the following conditions:

50% of the increased amount shall be paid to the plaintiff except the amount increased by the court appraisal at present.

(Supplementary Rule).

The method of paying contingent fees shall be calculated and deducted from the above judgment amount first at the time when the plaintiff receives the judgment amount.

A delegating person shall provide the plaintiff with a deposit notice necessary for the receipt of the judgment amount, certificate of personal seal impression, etc. immediately upon request of all documents.

(c) the mandator may not raise civil or criminal objections for any reason with respect to the above agreed contingent remuneration.

(d) be accompanied by a certificate of personal seal impression in order to verify that person.

On July 6, 2015, the Plaintiff submitted a letter of delegation of a lawsuit in the instant lawsuit related thereto, and submitted a written objection, an application for resumption of pleadings, an application for appraisal, etc. regarding the decision of recommending reconciliation. On November 12, 2015 from the first instance court to the first instance court.

arrow