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(영문) 의정부지방법원 2015.02.06 2012가합13177
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. On June 4, 1997, Defendant I, an attorney at the gist of the Plaintiff’s assertion, transferred the right to claim for the registration of ownership transfer to the Plaintiff on October 11, 201 for the repayment of the loan amount of KRW 110 million as of March 4, 201 and its interest to the Plaintiff on the part of the Defendants other than Defendant I, who succeeded to the deceased’s property with the contingent fee claim pursuant to the delegation agreement concluded with the deceasedJ (hereinafter “the deceased”).

Therefore, upon the Plaintiff’s request on behalf of the insolvent Defendant I as a creditor of the instant claim against Defendant I, the remaining Defendants are liable to Defendant I for the registration of ownership transfer based on a transfer agreement on June 4, 1997 with respect to the portion stated in paragraph (1) of the claim corresponding to their shares of inheritance among the instant land. Defendant I is liable for the Plaintiff to implement the registration procedure for ownership transfer on October 11, 2012 with respect to each of the instant shares of the instant land.

2. According to the overall purport of Gap evidence No. 14-3 and No. 14-7 of the judgment as to claims against the remaining Defendants, according to the litigation delegation agreement concluded on June 4, 1997 between defendant I and the deceased, the success fee was determined as "40% equity in the dispute land or the realization of such equity interest", and the defendant I determined that the deceased and his lawsuit receiver (the decedent of defendant B, C, D, G, H and K (the decedent of defendant E and F) on behalf of the deceased and his lawsuit receiver (the decedent of the Seoul District Court 96Da80673, 2001Ga1437, 202Na77, 2002Na71407, and the Seoul High Court 2004Da10206, Jun. 11, 2004) have become final and conclusive, barring any special circumstances as to the defendants' successful claims.

However, there is a problem.

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