손해배상(기)
1. The plaintiff's lawsuit against the defendant C shall be dismissed.
2. Defendant B: (a) KRW 460,000,000 for the Plaintiff and its related expenses on May 2, 2011.
1. Basic facts
A. The Plaintiff is an incorporated association formed by persons with disabilities with disabilities in traffic accidents for the purpose of rehabilitation projects for persons with disabilities with disabilities in traffic accidents.
Defendant B is a person who was in charge of the Plaintiff’s business as the chairperson from around 1990 to July 2009, before the Plaintiff obtained corporate authorization, and Defendant C is a person who was in charge of the overall fund management while working as the head of the Plaintiff’s general office.
B. On November 13, 2006, the Plaintiff acquired ownership by receiving a successful bid in a voluntary auction procedure for land and above-ground buildings located in Jincheon-gun, Jincheon-gun (hereinafter “instant real estate”).
C. The title of the instant real estate was transferred to Defendant C’s mother-friendly E on January 9, 2008.
Defendant B continued to keep ownership-related documents, such as the certificate of registration of the instant real estate.
On May 14, 2011, Defendant B sold the instant real estate in the amount of KRW 460 million to F, and completed the registration of ownership transfer on the 18th day of the same month.
E. In around 2013, the prosecutor of the Seoul Southern District Prosecutors’ Office indicted the Defendants against the crime of occupational embezzlement and the violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name.
On February 14, 2014, this Court sentenced the Defendants on the following facts: “Around January 2008, the Defendants conspired to register the title trust registration of the instant real estate owned by the Plaintiff in the name of E, and sold the said real estate in the name of KRW 460 million to F on May 201, and embezzled the said real estate in the course of business by arbitrarily using the proceeds thereof (hereinafter “instant embezzlement”)” (hereinafter “instant embezzlement”), which was convicted of the crime (one year and six months of imprisonment; two years of suspended execution for Defendant C’s imprisonment for one year) (Seoul Southern District Court 2013Da212); the above judgment was finalized through the second instance (Seoul Southern District Court 2014No338) and the third instance (Supreme Court 2014Do8579).
(hereinafter referred to as "prior action"). [Ground for recognition] There is no dispute, and Gap 1 through 1.