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(영문) 서울중앙지방법원 2012.06.12 2010가단185734

부당이득금 반환

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The fact of recognition 【Evidence】 1-1 through 3, 2-1, 2, 3-1 through 11, and the purport of the whole pleadings;

A. From December 27, 1989, A entered into a successful bid agreement between the plaintiff and the defendants and operated the successful bid amount by purchasing a total of KRW 10,050,000 won, KRW 10,200,000,000 won, KRW 50,000,000 won, KRW 20,000 won, and KRW 20,000 won until March 27, 1994, and the plaintiffs and the defendants subscribed to the successful bid agreement in which A had been a leading state.

B. After the plaintiffs' organization, activities, and dissolution (1) A, the successful bidder who is the leading debtor, was dispatched on April 6, 1994, the victims of the above successful bidder fraud case constituted a claim group for the follow-up management of the successful bidder, and collected claims from A's property, and decided to register as its members the amount equivalent to 3% of the damage amount, taking into account the expenses incurred in the collection of claims.

Among the victims, 501 victims registered as members with 3% of the amount of damage as the expense and the claim group consisting of 501 members with total amount of 501 members (hereinafter "the claim group of this case").

(2) On April 23, 1994, 360 members of the instant claim group were to hold a general meeting of claims and set up nine parts of the claims group, including Defendant B, C, D, E, and F, and delegated all authority to the executive organ in dealing with the instant successful bid bid fraud cases. The executive organ delegated all of the authority to the executive organ in dealing with the said successful bid fraud cases, and the executive organ made a resolution on important agenda items (e.g., agreement with the defendant, civil and criminal complaints and delegations, claims for compensation for damage, provisional seizure, pledge, etc.) to be resolved upon by 2/3 of the total number of the executive organ and a majority of the attendance

(3) The executive branch of the instant claim group, including Defendant G, sold real estate owned by A, collected a bank deposit in A, and collected claims from those who did not receive a deposit from the said successful bidder and did not pay the deposit amount.