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(영문) 인천지방법원 2015.09.08 2015나8551

부당이득금반환금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The plaintiff asserted with the defendant on December 2, 2004, the plaintiff agreed to pay to the defendant KRW 10 million in return for the defendant's consent to the disposal of part of the share among the land of the clan D and 11, which is the forest of the clan C, and the letter of delegation to the plaintiff to delegate the right to receive compensation. The plaintiff paid KRW 10 million to the defendant on that day. Since the defendant did not prepare and deliver a power of delegation to the plaintiff, the defendant must recover KRW 10 million which the defendant gains unfairly.

2. According to the overall purport of the statement and pleading of the evidence Nos. 1 through 7, 13, 14 (including the number of branch offices), and No. 14, the plaintiff sought a power of representation from the majority of directors of the clan with respect to the forest land No. 30 billion won among the members of the clan No. 16 in order to dispose of the forest land of the above clan No. 3 as the representative of the clan and to consent to the disposition of the plaintiff, the majority of the directors of the clan No. 16 in relation to the forest land No. 300,000 won among the 16 members of the clan No. 203, the plaintiff received power of delegation from the 16 members of the clan No. 300,000,000 won and did not reach the majority of the directors of the clan. Nevertheless, the plaintiff was sentenced to 106,000,0000 won of the above forest land No. 2,000,000 won of the plaintiff's 16.