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(영문) 서울중앙지방법원 2019.02.14 2018가단5102068
성공보수청구의 소
Text

1. From November 19, 2016 to February 14, 2019, the Plaintiff (Counterclaim Defendant) paid KRW 14,254,310 to the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. On April 25, 2014, the Defendant entered into the instant delegation contract with the Plaintiff, and entered into a contract with the Defendant, which is incorporated into the Busan Urban Complex Development Project (hereinafter “instant delegation contract”), on the expropriation ruling on the compensation for the Busan Gangseo-gu Busan Urban Complex Development Project and 29,355 square meters of forest land and G 18,346 square meters of forest land (hereinafter “each of the instant lands”), and on the delegation of administrative litigation to the Plaintiff (hereinafter “instant delegation contract”).

The part concerning contingent remuneration under the delegation contract of this case is as follows.

B. (1) The Busan Urban Corporation, the executor of the development project, originally presented the compensation amount of KRW 1,089,661,030 to the Defendant as to each of the instant land. However, the Plaintiff filed an administrative appeal to increase the compensation amount on behalf of the Defendant under the instant delegation contract and filed an administrative appeal to grant KRW 1,176,378,700 to the local Land Expropriation Committee on June 16, 2014, and filed an objection with the Central Land Expropriation Committee to pay KRW 1,191,973,150 to the Plaintiff on March 24, 2015, respectively. The Defendant paid KRW 9,538,930 to the Plaintiff with the contingent fee for the increased compensation amount in accordance with the said expropriation ruling, and KRW 1,715,380 to the contingent fee for the increased compensation amount.

(2) Then, the Plaintiff filed an administrative litigation on behalf of the Defendant to seek an increase in compensation against Busan City Corporation as H of the Busan District Court.

An appraiser I, who was entrusted with the appraisal by the court in the above litigation proceedings, submitted a written appraisal of 58,525,350 won more than the market price of each of the lands of this case in the judgment of objection.

However, the Plaintiff’s attorney J, as the Plaintiff’s attorney, stated the purport of seeking an increase of KRW 65,864,100 on the application for the change of the purport of the claim and the cause of the claim based on the above appraisal results due to an error or clerical error in calculation,

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