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(영문) 인천지방법원 2014.11.20 2014가단216811
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Defendant B is a lawyer.

B. The Plaintiff is a housing reconstruction project association organized for the reconstruction of A apartment that was on the land of the Nam-gu Incheon Metropolitan City and 36 parcels.

C. The Plaintiff filed a lawsuit against D and E, as the Incheon District Court Decision 2008Gadan71321, against D and E, regarding the share of 46.15/201.15 percent (share of the instant school site) of the 10,201m2 in the Incheon Nam-gu F school site of 10,201m2.

D is the wife of G, and E was the children of G (10 months after birth at that time).

D kills G on October 1, 1984.

E was adopted into Belgium.

E. Defendant B represented D in the appellate court of the said lawsuit (In Incheon District Court Decision 2009Na2682), the final appeal (Supreme Court Decision 2010Da84246), the appellate court (In Incheon District Court Decision 201Na4803), and the appellate court (In Incheon District Court Decision 201Na4803) after the reversal and return of the said lawsuit. On behalf of D, Defendant B received an adjudication on the management of the absentee property by claiming for the management of the absentee property against E (property administrator H), and the said lawsuit by proxy from the said lawsuit

F. On February 10, 2011, the lower judgment was reversed and remanded by the said final appeal.

On February 17, 2011, Defendant B filed a suit of claim, such as transfer money, seeking payment of KRW 93,171,401 against E on his/her behalf (Seoul Central District Court 201Da54004), and on March 14, 2011, Defendant B received a provisional attachment order of KRW 20,000,000 as to the share of the school site in the instant case owned by E.

G. On June 24, 2011, the appellate court rendered a judgment to the effect that “D shall confirm that no inheritance right exists due to the death of G, and E shall implement the procedure for ownership transfer registration on December 20, 2006 with respect to the share of the instant school site to the Plaintiff,” which became final and conclusive around that time.

(Seoul District Court 201Na4803). H.

Around August 2011, a decision of recommending reconciliation became final and conclusive to the effect that “E shall pay KRW 20,000,000 to Defendant B, by September 30, 201,” in a lawsuit claiming the above-mentioned amount between Defendant B and E.

(i) Incheon Metropolitan City;

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