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(영문) 인천지방법원 2017.06.14 2016가단42564

사무관리비용등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is the two association, and the plaintiff is a full-time representative of the defendant's members.

B. On June 15, 2010, the Plaintiff filed a criminal charge of occupational embezzlement and breach of trust with C, D, and E on the following grounds: (a) even though the Plaintiff did not have the authority to execute the F business, the Plaintiff entered into a provisional contract with G and executed the Defendant’s funds; (b) even though there was no authority to execute the F business; and (c) filed a criminal charge of occupational embezzlement and breach of trust.

C. On February 17, 2011, C, D, and E received a judgment of conviction (Seoul High Court 2010No7666 decided May 26, 201) that “The Defendant’s budget 663,524,185 won, which was under official custody for the Defendant, was used voluntarily for any purpose other than his/her authority, was embezzled” (Seoul High Court 201No766 decided November 14, 201), and the dismissal of appeal (Supreme Court 201Do7733 Decided November 14, 2013) and became final and conclusive as it is.

In civil litigation related to the above case, C, D, and E were sentenced to the judgment that "C, D, and E jointly pay 163,524,185 won and damages for delay thereof to the defendant" on July 18, 2014 (the judgment of the Incheon District Court 2014Gahap1108, the damages for delay) and the appellate court (Seoul High Court 2014Na42372, May 13, 2015) and the final appeal became final and conclusive around that time.

E. On October 31, 2014, the Plaintiff filed an application for provisional disposition (Seoul District Court 2014Kadan9868) with respect to the real estate owned by the wife E in the name of the Defendant (Yancheon-gu I apartment 104 Dong 1402, and “the instant real estate”), and the said judgment became final and conclusive on June 16, 2015, by filing a lawsuit for revocation of a fraudulent act.

F. The Plaintiff intended to change the name of the instant real estate to E according to the conclusion of the judgment in the lawsuit seeking revocation of the said fraudulent act. However, the Defendant, in cooperation with the financing of registration expenses, paid acquisition tax of KRW 10,880,850 on January 5, 2016, and the Plaintiff completed the registration of ownership transfer in the name of E on January 20, 2016.

(g)...