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(영문) 창원지방법원 2014.11.13 2014나31824

부당이득금

Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

Reasons

1. Facts of recognition;

A. Defendant B’s clan (hereinafter “Defendant clan”) was a regular member of F’s 29-year-old G, H, I, and J’s own descendants, who are not less than 30-year-old adult male and female members, and the lower-year-old grandchildren (a associate member may be a regular member by a resolution of the board of directors) were an organization established to commemorate the ice and achievements in the protocol and promote mutual friendship among its members, and was appointed by the Plaintiff on May 12, 2007, by holding an inaugural general meeting and establishing the rules of association, and the Plaintiff was appointed as the president of two-year-year-old term.

B. The ownership transfer registration was completed on July 26, 1948 in the name of K, L, A, and M in the name of K, L, A, and M, 21,521 square meters of forest E (hereinafter “instant land”).

On March 10, 2006, the Plaintiff sold 660/21,521 of its own shares to KRW 30,000,000 during N and completed the registration of ownership transfer.

K completed the registration of ownership transfer on October 20, 2006 with respect to the portion of 1/4 of the land in this case on the ground of donation to theO.

Defendant clan was granted a registration number for the registration of real estate from the Korea Military Service on May 15, 2007, and L and M completed the registration of ownership transfer to Defendant clan on April 21, 2008, respectively. O completed the registration of ownership transfer to Defendant clan on May 21, 2008.

C. On December 28, 2008, C et al. filed a complaint with the branch office of the Changwon District Prosecutors' Office regarding the Plaintiff’s sale of 660/21,521 of the instant land to KRW 30,00,000 among NM, etc.

On January 30, 2009, the Plaintiff remitted KRW 30,000,00 to the Defendant clan, and promised to return KRW 472,025/100 of the land of this case, and the Defendant clan revoked the above complaint, and the decision of dismissal was made on February 26, 2009.

On December 28, 2009, the Plaintiff entered into a written contract with the Defendant clan to donate 472,025/100 of the instant land among the instant land, but failed to comply therewith.

(e) the defendant.