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(영문) 의정부지방법원고양지원 2015.12.03 2014가단5497

근저당권설정등기말소

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1. The Defendant shall support the Plaintiff with respect to the area of 841 square meters of the Sinyang-gu Seoul Metropolitan Government District Court in order to support the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a person who served as the chairperson of the defendant from January 1, 2008 to December 31, 2009.

B. On December 20, 2012, the Plaintiff was indicted from the Seoul Southern District Prosecutors’ Office for the following criminal facts (occupational embezzlement and breach of trust).

·criminal facts-

1. Occupational embezzlement;

A. On September 14, 2009, the Plaintiff, at the office of the clan E 209, was embezzled by withdrawing money from the clan deposit account in the name of the head of the clan, which was managed by the head of the clan, without permission, and paying the total amount of KRW 29,345,80,00 in the name of the Plaintiff’s children, the sum of the transfer tax and resident tax on the forest land in the Dongsan-gu, Youngdong-gu, Youngdong-gu.

B. On September 17, 2009, the Plaintiff, at the office of the above clan, voluntarily withdrawn money from the deposit account of the clan that was managed by the president of the clan, and embezzled the property tax of KRW 1,411,230 for the above H H forest land in the name of the Plaintiff F, the Plaintiff’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’

2. On September 1, 2009, the plaintiff in breach of trust sold 2,800 square meters of the land in the office of the above clan, which is the property of the clan to N, which is the general manager of the clan, in violation of the duty to manage the clan properties with the care of a good manager as the chairperson of the above clan, who is retired from the chairperson of the clan, in violation of the duty to manage the clan properties with the care of a good manager, and agreed to sell the above land to N for 700,000 won, and received 150,000,000 won on the same day from N, and received 50,000,000 won on January 8, 2010.

Accordingly, the Plaintiff acquired KRW 200 million in return for illegal solicitation from N on the duty of selling real estate owned by a clan.

Part of the indictment shall be changed after prosecution.

3. The Plaintiff’s joint criminal conduct with N is in collusion with N, and on November 16, 2009.