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(영문) 대구지방법원안동지원 2015.01.28 2014가단239

부당이득금반환

Text

1. The Plaintiff:

A. Defendant B shall be KRW 13,973,290, and 20% per annum from January 24, 2014 to the date of full payment.

Reasons

1. Basic facts

A. On March 8, 1948, the registration of ownership transfer was completed in F future with respect to the land E- 61 square meters (hereinafter “instant land”) in Ansan-si, Dong-si, E, and the deceased died on March 13, 1976. < Amended by Act No. 3174, Mar. 13, 1976>

B. In order to incorporate the instant land into the site for the new city construction project before the Do Office, and to pay the compensation to the deceased for whom the registration of ownership transfer was completed, the Gyeongbuk-do Development Corporation deposited KRW 224,394,600 (hereinafter “instant deposit”) with the Daegu District Court No. 646 in 2012 on the grounds that the address or actual owner could not be known, even though it tried to pay the compensation to the deceased.

C. On March 22, 2013, the Defendants received KRW 13,973,290 for Defendant B, KRW 24,658,747 for Defendant C, and KRW 55,893,160 for Defendant D, respectively, according to the inheritance ratio among the instant deposit money.

[Ground of recognition] Facts without dispute, Gap evidence 2, 6 evidence, Eul evidence 1, the purport of the whole pleadings

2. Determination on this safety defense

A. The Defendants asserted that the lawsuit of this case filed by the Plaintiff’s representative is not legitimate, since there was no legitimate resolution of the Plaintiff’s general assembly regarding the selection of the Plaintiff’s representative and the lawsuit of this case.

B. In full view of the respective statements and the purport of the whole arguments of the plaintiff clans Nos. 9 through 13, 21 through 26 (including branch numbers; hereinafter the same shall apply), according to the rules of the plaintiff clans, according to the rules of the general meeting, the president of the plaintiff clans shall be elected at the general meeting, and the general meeting shall be divided into an ordinary general meeting and an extraordinary general meeting, and the resolution of the general meeting shall require the consent of more than a majority of the participants, the plaintiff clans opened a meeting and elected H as the representative on July 10, 2013, and H shall hold an extraordinary general meeting, including the agenda concerning the filing of the lawsuit of this case, as the representative on September 23, 2013.