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(영문) 서울동부지방법원 2018.05.01 2017가단112271
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Subsequent to the facts of recognition, there is no dispute between the parties or may be admitted by adding to each entry in Gap evidence 1 to 8 (including paper numbers) the whole purport of the pleadings.

Before Masung-si D, 4,241 square meters (hereinafter “instant real estate”) were owned by E, and E died on July 9, 2005.

B. After that, the wife F of the network E (hereinafter “the deceased”) and G, H, I, J, and K renounced all of their children.

L, M, N, and the above L's children of the above H renounced renounced inheritance, and renounced inheritance of P, Q, R, and S, who are children of the above I, and renounced inheritance of T, U, and the above K's children of the above J, and V and W renounced inheritance.

On the other hand, parents of the deceased died before the deceased died.

As a sibling of the deceased, X,Y, etc., Y had already died on September 2, 1989, before the deceased’s death, and the Plaintiff is one of the deceased’s children.

C. As to the instant real estate, the Suwon District Court: (a) received on February 5, 1996, No. 6063, the debtor Z, the maximum debt amount of KRW 150,000,000,000 from the debtor Z, the maximum debt amount of KRW 150,000,000,000 from the mortgagee A; (b) registered the creation of a mortgage on October 9, 1996 by the debtor E, the maximum debt amount of KRW 90,000,000,000,000 won from the mortgagee AB; and (c) registered the establishment of a mortgage on April 1, 1997 by the debtor E, E, the maximum debt amount of KRW 235,00,000,000 from the mortgagee AC, respectively

On March 31, 2016, the Plaintiff came to know that the process of accepting and compensating for the instant real estate will be carried out due to the downtown river project, entered into a litigation agency agreement with an attorney-at-law to cancel the right to collateral security (hereinafter “instant agreement”) with respect to the instant real estate, and paid an amount equivalent to 40% of the economic gains accrued when he/she won all or part of the instant real estate as a successful remuneration.

E. The plaintiff represents other inheritors on the premise that he/she is his/her heir with respect to the instant real estate.

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