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(영문) 부산지방법원 2016.08.25 2015가단221350

보관금반환 등

Text

1. The defendant shall pay 3,600,150 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. The facts following the facts are either a dispute between the parties, or a dispute between Gap and Eul (including a serial number; hereinafter the same shall apply), and Eul's evidence Nos. 1 to 3, and a whole purport of the pleadings can be acknowledged. A.

The plaintiff is a clan that is composed of descendants of the plaintiff's 30 members of E from Sep. 20, 1994 to Sep. 2, 2013, which is the chairperson who is the representative of the plaintiff's clan.

B. The Busan Urban Corporation: (a) expropriated or acquired 82 square meters and 1,359 square meters prior to the Busan Gangseo-gu Busan Metropolitan City (hereinafter “G”) owned by the Plaintiff; (b) deposited 6,845,00 won as compensation for the obstacles on H’s land on February 9, 2011; (c) deposited 131,687,100 won as compensation for the land on June 15, 201; and (d) paid KRW 7,762,660 as compensation for H’s land on December 6, 2011; (b) the Defendant, as the representative of the Plaintiff clan, received KRW 139,72,273 won and interest on each of the said deposits around November 24, 201 (i.e., KRW 6,89,90,969,97967, Nov. 16, 201; and (b) received KRW 167,716.7

On the other hand, the Busan Urban Corporation paid 4,512,220 won to the defendant as compensation for relocation expenses of two graves in the land H and I on January 18, 2012.

C. The Defendant, by forging and forging the rules and the minutes of the board of directors’ meeting in the name of the Plaintiff clan, was indicted for forgery of private documents, uttering of falsified investigation documents, fraud, and occupational embezzlement with respect to the embezzlement of KRW 139,072,273 of the total sum of each of the above deposits and interests by deceiving the Plaintiff clan and embezzlement without paying it to the Plaintiff clan, and was sentenced to a conviction of having been sentenced to imprisonment with labor for one year on January 22, 2015. < Amended by Act No. 12396, Jan. 22, 2015>

The defendant is dissatisfied with the above judgment and appealed to Busan District Court No. 2015No471, Jan. 28, 2015; and on the other hand, on January 28, 2015, the sum of the deposited money and interest shall be 139,072.