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(영문) 서울고등법원 2019.08.21 2018나2054102
배당이의
Text

1. The judgment of the court of first instance is modified as follows.

The Suwon District Court D and E (Dual) auction of real estate.

Reasons

1. The reasoning of the judgment of the court of first instance is as follows. The corresponding part of the judgment of the court of first instance is dismissed as follows. The plaintiff's assertion of adding to the plaintiff's argument in this court is identical to the entry of the reasoning of the judgment of the court of first instance in addition to the determination of not more than Paragraph 2 as to the argument that the plaintiff contests as the grounds for appeal. Thus, this is

(However, the part on the Joint Plaintiffs B of the first instance court, which voluntarily withdrawn a lawsuit in this court, [the same part] [the part] of the first instance court’s decision No. 7 of the fourth instance court’s decision was prepared, followed by adding “the instant distribution schedule” (hereinafter referred to as “instant distribution schedule”).

2. The plaintiff's assertion (a summary of grounds for appeal)

A. If the agreement on July 20, 2016, which was made on July 20, 2016 on the ground of violation of the Attorney-at-Law Act or the Certified Judicial Scriveners Act, cannot be deemed as a monetary loan agreement, even if the agreement was made on July 20, 2016, the said agreement is substantially a contract under which the Defendant actually performed legal affairs, such as cancellation of attachment and cancellation of auction concerning the instant real estate, but receives KRW 1.3 billion in return, and the person who falls under any of the following subparagraphs of Article 109 (Penal Provisions) of the Attorney-at-Law Act, which is a mandatory law, is punished by imprisonment for not more than seven years or by a fine not exceeding

In such cases, fine and imprisonment may be imposed concurrently.

1. A person, not an attorney-at-law, who receives or promises to receive money, valuables, entertainment or other benefits or who provides or promises to provide such things to a third party, in compensation for providing or arranging legal services, such as examination, representation, arbitration, settlement, solicitation, legal consultation, preparation of legal documents, etc. concerning cases in each of the following items:

(a) Litigation, non-litigation, arbitration of household affairs, or adjudication;

(b) Administrative appeals, requests for examination, objections, and other cases of appeal against administrative agencies;

(c) A case under investigation by an investigative agency;

(d)be established under the laws and regulations;

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