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(영문) 청주지방법원 2018.08.22 2017나15226

부당이득금

Text

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.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a clan comprised of descendants of Am. Article 10 of the Plaintiff’s Covenant provides that acquisition and disposal of property, the sale price of which exceeds KRW 100 million, shall be determined as matters subject to a resolution of the general meeting. 2) Amar, who was the Plaintiff’s president, convened an extraordinary general meeting to sell the Plaintiff’s land and purchase the building under the Plaintiff’s name on October 201. Accordingly, on October 16, 201, a resolution was adopted to sell the Plaintiff’s real estate (hereinafter “resolution of this case”) to sell the Plaintiff’s real estate, including 45,926/127,573 square meters of 127,573 square meters of the Plaintiff’s land owned by the Plaintiff at the extraordinary general meeting on October 16, 2011, held accordingly, at the 45,926/127,573 square meters of 3,256 square meters of E, 256 square meters of 3,256 square meters of land.

3) According to the resolution of the instant case, C, on June 14, 2012, sells each of the instant land on behalf of the Plaintiff (hereinafter “instant sales contract”) to the Defendant on behalf of the Plaintiff (hereinafter “instant sales contract”).

(1) The Defendant entered into a bank account in C’s name on the same day (hereinafter “instant account”).

(B) The Plaintiff remitted down payment KRW 75,600,000 according to the instant sales contract. (B) The Plaintiff’s clan members filed a lawsuit against the Plaintiff seeking confirmation of the invalidity of the instant resolution (hereinafter “the lawsuit seeking confirmation of the previous lawsuit”) under the Cheongju District Court Decision 2012Kahap1122, and filed an application for provisional disposition suspending the validity of the instant resolution with the Cheongju District Court’s Chungcheong Branch Branch Branch 2012Kahap183, August 24, 2012, and received a provisional disposition to the effect that the effect of the instant resolution is suspended until the time of confirmation of the previous lawsuit.

2 With respect to the litigation for confirmation of the previous suit on May 2, 2013, the Cheongju District Court rendered a judgment that the general meeting of the clan of February 13, 201, which elected C as the chairperson of the plaintiff, is null and void and thus, the resolution of this case convened by C as the representative of C was null and void, and the above judgment was rendered on September 12, 2014.