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(영문) 서울행정법원 2018.10.25 2018구합56329
징계결정에 관한 이의신청 기각결정 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On July 18, 2016, the Korean Bar Association Disciplinary Committee rendered a decision on disciplinary action of KRW 3 million against the Plaintiff on the grounds that the Plaintiff violated the obligation to observe the regulations of the Korean Bar Association and the duty of good faith as an attorney-at-law as follows.

The case number: The plaintiff explained the procedure of an immediate appeal against the decision of permission for sale to the debtor and owner of the case of voluntary auction around February 2013, the plaintiff explained that when an immediate appeal is filed by the debtor and owner pursuant to Article 130(6) of the Civil Execution Act, the deposit money to be paid to the court at the time of the immediate appeal can not be refunded if the appeal is dismissed, and even if the appeal is dismissed by any interested person other than the debtor and owner, the deposit can be refunded if the appeal is dismissed.

On February 19, 2013, B appointed the plaintiff as an agent and filed an immediate appeal in the name of the mortgagee, who is an interested party other than the debtor and owner, in order to receive a refund of deposit even when the appeal is dismissed.

B The immediate appeal was dismissed on August 1, 2013, and the reappeal was also dismissed on November 8, 2013, thereby recovering the deposit. However, it was impossible to completely recover the deposit pursuant to Article 130(7) of the Civil Execution Act with the wind that the period of appeal and reappeal was required for at least nine months in total.

Accordingly, the Plaintiff violated the duty of good faith as an attorney by failing to explain the content of Article 130(7) of the Civil Execution Act, which may cause a financial loss to the client when explaining the procedure of an immediate appeal against the decision of permission for sale.

Articles 25, 91(2)1 and 2 of the Attorney-at-Law Act - Articles 9(1) and 42 of the Regulations of the Korean Bar Association - Articles 3 and 13 of the Code of Ethics among the Code of Ethics - Article 9 of the Rules of the Attorney-at-Law.

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