청구이의
1. No. 1790, a notary public against the plaintiff of the defendant, issued a deed of the joint law office in South-Nam Law Firm, 201.
1. Facts of recognition;
A. The non-party C’s clan (hereinafter “non-party C’s clan”) held a general meeting on May 3, 2008 and elected D as the president and the plaintiff as directors. On November 28, 2008, the non-party C’s meeting held a board of directors on November 28, 2008 and distributed the deposit amount of 198,591,62 won (including interest) and real estate sales amount of 1,156,760,750 won (excluding transfer income tax) to its members to the non-party clan. In the event that the resolution of the general meeting of May 3, 2008 becomes null and void, the members decided to return part of the share to the non-party clan.
B. After January 10, 2009, the board of directors of the non-party clan held on January 10, 2009 to adjust part of the distribution to the members of the clan, and the plaintiff received 200 million won from the non-party clan
C. However, in the case of the Jeonju District Court 2008Gahap6396 on November 18, 2009, the judgment that the resolution of the general meeting of the non-party clan was null and void on May 3, 2008 was rendered. Accordingly, the plaintiff was made on March 29, 2010 and the same year in order to return the shares of KRW 200 million to the non-party clan according to the resolution of the board of directors on November 28, 2008.
4.2. A total of KRW 200 million (hereinafter “instant refund”) was paid to D. D.
As the appeal and appeal against the judgment that the resolution of the general meeting held on May 3, 2005 was null and void, the non-party clans were dismissed, respectively, and the above judgment became final and conclusive on June 18, 2010, D and the plaintiff et al. on December 24, 2010.
The Jeonju District Court (2010Gahap7385) filed a lawsuit for the return of money deposited in custody against the members of the clan distributed pursuant to paragraph (1), and the above court rendered a judgment that recognized the joint tort liability of the members of the clan including D and the plaintiff on November 11, 201 and ordered the non-party clan to compensate for KRW 760 million. However, the appellate court (the Jeonju District Court 201Na3317) subsequently proceeded with the appeal of the plaintiff et al., which recognized the responsibility of return of unjust enrichment in lieu of the tort liability of the plaintiff et al., and ordered the plaintiff to return KRW 200 million distributed from the non-party clan to the plaintiff as unjust enrichment. The above judgment is related thereto.