부당이득반환 청구의 소
1. The Plaintiff:
(a) Defendant B: (a) from August 20, 2015, KRW 18,400,332 and its related thereto:
B. Defendant C shall be KRW 37,360,679, and
1. Basic facts
A. The plaintiff was established on December 24, 2002 in accordance with the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter the "Urban Improvement Act"), and on March 14, 2005, after the authorization was granted on December 24, 2002, the plaintiff started a reconstruction project after obtaining authorization from the head of Jongno-gu Seoul Metropolitan Government head of the Gu as the project implementation district for the Jongno-gu Seoul Metropolitan Government D Il large scale 7,900 square meters, and the defendant Eul was the head of the whole association of the plaintiff association, and
B. The Plaintiff Union does not apply the Labor Standards Act to overtime work allowances, etc. for not more than five full-time workers. From March 31, 2005 to March 25, 2006, Defendant B received a total of KRW 10,215,959 on 11 occasions from the Plaintiff Union, including the payment of KRW 546,875 on March 31, 2005, Defendant C received a total of KRW 40,485,678 on 36 occasions from the time of receiving KRW 437,50 on March 31, 2015 to February 2008.
C. On February 12, 2005, the Plaintiff Union revised the operational rules of the partnership through the general meeting of the union members, and set the amount of the union president and the general director’s wages at KRW 2.5 million per month and two million per month from the date of the completion of the general meeting’s resolution. The Defendants received the wages from August 31, 2002 to February 11, 2005 without the right to receive wages during the period from August 31, 2002 to March 14, 2005, and Defendant B received the total of KRW 60,416,670, and Defendant C received the total of KRW 36,93,340.
Defendant B received 11,418,747 won as a retirement allowance through a resolution of the board of directors and the board of representatives held September 1, 2007, when the board of directors and the board of representatives held on September 1, 2007, because it was not a worker under the Labor Standards Act.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 9 (including each number in the case of additional number), the purport of the whole pleadings
2. Determination as to the cause of action
A. The Defendants’ obligation to return unjust enrichment is established.