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(영문) 대전지방법원논산지원 2016.06.30 2015가단20561

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

A. The Defendant is a person who served as the secretary of the Plaintiff’s clan from November 201 to December 17, 2014.

B. In 2014, the Defendant, on behalf of the Plaintiff, entered into a real estate consulting service agreement with Nonparty C and one other, and the Plaintiff, among the Plaintiff, entered into a real estate consulting service agreement with the content that the difference shall be paid as a fee to the Plaintiff, etc., if the purchase and sale price is at least 120,000 won per square meter, at a price exceeding 120,000 won per square meter, on the part of D forest 49,744 square meters (the size was changed to 50,683 square meters around December 2014; hereinafter “the instant forest”).

(hereinafter “instant service contract”). C.

Plaintiff

On October 19, 2014, the defendant representing a clan, as well as C and one other, entered into a sales contract with F on the same day as E, and on October 27, 2014, with G and G on October 27, 2014, respectively, to sell 30 million square meters of the forest of this case to 140 million won (1.4 million won per square), respectively.

(The sale area of the country is 9,900 square meters in total; hereinafter collectively referred to as “each of the instant sales contracts”). However, the special terms and conditions of each of the instant sales contracts stipulate that “the resolution of the Plaintiff’s clan will run on November 1, 2014 at the time of the normal agreement.”

E, F, and G transferred 60 million won to the credit union account in the name of the Plaintiff clan from October 19, 2014 to November 13, 2014, respectively, in accordance with each of the instant sales contracts.

E. On November 5, 2014, the Defendant transferred 60 million won (=3000 square x (140 thousand x 1420,000 square x 120 thousand won) in the name of fees under the instant service contract to the agricultural cooperative account in the name of Nonparty C and one other (C) designated from the new cooperative account in the name of the Plaintiff clan.

C Nonparty 1 returned 12 million won to the clan of the Plaintiff.

F. On December 17, 2014, at the general meeting of the Plaintiff clan held on December 17, 2014, the number of officers of the Plaintiff clan was changed, such as I was elected as president.

After that, the plaintiff.