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(영문) 서울중앙지방법원 2020.09.08 2020나13075
약정금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. C established D Co., Ltd. (hereinafter “D”), a special purpose company (SPC), for investment in NPL bonds (non-performing bonds).

B. On November 26, 2013, E Co., Ltd. (hereinafter “E”) entered into a real estate security trust agreement (hereinafter “instant real estate security trust agreement”) with F and the first priority beneficiary as H Co., Ltd. (hereinafter “H”) with respect to real estate on 15 lots of land, such as 15 square meters, including F and the wife population G 245 square meters, which are owned by F and the first priority beneficiary, and completed the registration of ownership transfer based on the said real estate security trust agreement in the future of F.

C. C purchased the claim of the first priority beneficiary from H, and subsequently changed the entries in the original trust register on February 2, 2016.

On December 11, 2015, I filed a lawsuit against E and F seeking the cancellation of the said trust agreement and the implementation of the procedure for registration of cancellation of ownership transfer registration (hereinafter “related lawsuit”) on the ground that the instant real estate security trust agreement is a fraudulent trust, and C entered into the instant delegation agreement on behalf of F with the Plaintiff on behalf of F.

(hereinafter referred to as “instant delegation contract”). (e)

Afterwards, related litigation has been finalized in favor of F, and the amount of litigation cost to be borne by I was determined in 12,584,722 as a result of the application for the determination of the amount of litigation cost.

F. On February 8, 2019, the Plaintiff asserted that “the Defendant and C agreed to pay the amount which can be returned as a successful fee in the case of F’s winning in the relevant lawsuit,” and filed an application for the instant payment order seeking the payment of contingent fees. The Defendant submitted a written objection against the said payment order and implemented it as the instant litigation procedure, and C received the payment order.

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