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(영문) 서울고등법원 2017.06.14 2017나2001217

부당이득금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. B church and the Defendant’s conclusion of a sales contract 1) The Defendant purchased CC 15 years of age D as a joint line for KRW 1,772,130,000 (hereinafter “the instant forest”) from October 15 each year to engage in activities, such as gathering a vision, and promoting friendship among descendants, and the Defendant held office as the president who is a representative from June 18, 200 to January 16, 2006; 2) B church members (hereinafter “B church”) held office as the president from June 18, 200 to Jun. 7, 2004 (hereinafter “B church”) between E and the Defendant’s representative on June 7, 2004, the purchase price of KRW 20,557 square meters of the F forest and field (hereinafter “the instant forest”); the down payment of KRW 180,000,000 on the date of the contract; and the remainder of KRW 130,000 on the date of payment; and

B. B church sales proceeds and damages payment 1) B had been paid 180,000,000 won on June 7, 2004, which is on the date of the instant sales contract, to E, and on August 10, 2004, paid 200,000,000 won out of the remaining sales proceeds to E; and on August 11, 2004, remitted KRW 100,000,000 to E account in the name of E. (2) the Defendant demanded B church to pay the remaining sales proceeds on August 27, 2004, and demanded B church to pay 60,000,000 won as damages due to delay in payment of the sales proceeds.

Accordingly, the school association shall pay 25,000,000 won as compensation for damages. On March 16, 2005, the association borrowed the forest land of this case from the 3rd Mutual Savings Bank as security, and then remitted the amount of KRW 1,243,60,000 to the account in the name of the defendant using the loan, and remitted the amount of KRW 73,530,000 to G’s account in the name of the defendant at the time of the transfer of the amount of KRW 73,530,000 to G’s account in the general affairs of the defendant at the time of the payment (=the remaining purchase amount of KRW 1,292,130,000,000).

C. Registration of transfer of ownership of the forest of this case and registration 1 of the follow-up registration under the Plaintiff’s name is paid with the remainder of the purchase price and damages as above, and 20. Of the forest of this case on March 16, 2005.