부당이득금반환
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.
1. Facts of recognition;
A. The Plaintiff’s right to preserve 1) An incorporated association C (hereinafter “C”).
(2) On May 7, 2010, the Plaintiff filed a lawsuit against C on December 7, 2010 against Jeonju District Court Decision 2009Kadan40853 against the Plaintiff seeking the return of the loan, and the judgment was rendered on May 7, 2010 that “C shall pay to the Plaintiff 60,000,000 won and 24% interest per annum from March 6, 2000 to the date of full payment.” The judgment became final and conclusive around that time (hereinafter “final judgment”).
B. On August 28, 1980, C newly built a commercial building with the fifth floor size above the ground level above the land where the E market is located (hereinafter referred to as “new building”), and if the term “this case’s market building” is referred to as “the E market including the new building” and “the instant market”.
C) After completion of the completion inspection on January 9, 198 with respect to the instant market building, C sold the said store to the merchants after completion of the registration of ownership preservation on January 13, 198. However, C failed to obtain the permission of market establishment of the instant market building on the grounds of the installation cost, etc. However, C was suspended due to a large amount of debt and failed to manage and operate the instant market since March 1988.
3) Accordingly, the owner of the instant market building shop and the occupant-merchants began to form a G organization and manage the instant market. On May 12, 1990, 180 occupant-merchants established the Defendant with the approval of establishment under the Small and Medium Enterprise Cooperatives Act from the Governor of Jeollabuk-do branch. (C) The Defendant collected management expenses, such as electricity, water, heating, etc. from members after establishment, and conducted the market management affairs of the instant case, such as inspecting and repairing the market facilities.
2.3.