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(영문) 창원지방법원마산지원 2015.01.30 2014가합512
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. Around November 2002, C (Law No. D) asserted the ownership of each real estate listed in the separate sheet (hereinafter “the instant forest”) against the Republic of Korea, and filed a lawsuit for cancellation of ownership preservation (Seoul Central District Court 2002Gahap70360) against the Republic of Korea (hereinafter “E”); around November 2003, F et al. asserted that the instant forest was inherited by G and H, a joint assessment title of the instant forest, and sought confirmation of ownership and cancellation of ownership preservation against C and Korea.

(Seoul Central District Court 2003Gahap87006, hereinafter referred to as "related lawsuits"). (b)

F On January 23, 2003, the F agreed to transfer 1/2 of the entire land subject to the lawsuit to the I attorney when the I attorney was appointed as the litigation representative of the relevant lawsuit, and the success fee was won.

C. Around January 2003, the Defendant, while investing KRW 50,000,00 in F with respect to the instant forest, prepared a statement of performance that “F, along with other two investors, promises not to raise any objection against the equity relationship with F, Defendant 50,000, K20,000, L40,000,000 as well as any objection against the judgment in favor of the judgment.”

I agreed on February 19, 2003 that the defendant, K, and L shall transfer to the defendant, K, and L 20% of the shares transferred to the defendant, K, and L at the time of the confirmation of a civil suit concerning the forest of this case.

E. The defendant received KRW 20,00,000 from the plaintiff in return for the transfer of part of the defendant's right to the forest of this case around April 2004, and on April 16, 2004, "the defendant's share under the agreement between F and I attorney-at-law on January 23, 2003 and the agreement between F and I attorney-at-law and the defendant as of February 19, 2003.

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