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(영문) 대전지방법원 2017.01.12 2016나6253
약정금반환 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

On September 15, 2014, the Plaintiff: (a) delegated a lawsuit claiming ownership transfer registration to the law firm world against the denied C; (b) drafted a delegation contract with the following contents; and (c) paid KRW 4,400,000 to the law firm world:

(hereinafter referred to as the “instant delegation agreement”. Article 2 (Agreement and Advance Money) of the instant delegation agreement provides for the retainer of the delegated affairs and the following contingent fees, and 4,400,000 won out of the agreed amount shall be paid to you.

except that the advance shall not be claimed for the cancellation of delegation or any other cause.

On October 14, 2014, the Daejeon District Court rendered, on behalf of the Plaintiff, an application for provisional disposition prohibiting the disposal of real estate owned by C (hereinafter “instant application for provisional disposition”) on October 22, 2014, by claiming the ownership transfer registration on the ground of the termination of the title trust agreement, as the preserved right, on behalf of the Plaintiff, as the right to preserve the ownership transfer registration on the ground of the termination of the title trust agreement.

On November 6, 2014, the Republic of Korea filed a lawsuit against the Daejeon District Court on behalf of the Plaintiff (hereinafter “instant lawsuit”). At the time, the Defendant, as an attorney affiliated with the said law firm, was designated as an attorney-at-law in the instant lawsuit and performed the litigation affairs.

On November 17, 2014, the Plaintiff, along with C on November 17, 2014, visited the office of the law firm world, demanded the withdrawal of the instant lawsuit and the return of the retainer. However, the Plaintiff refused the Plaintiff’s request to the law firm world.

In addition, on the same day, the plaintiff demanded the return of all documents submitted to the law firm world for the lawsuit of this case, and the above law firm shall withdraw the lawsuit with respect to the case delegated by the plaintiff to the law firm world, and all the documents of the lawsuit related to the lawsuit of this case are required.

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