손해배상(기)
1. The Plaintiff, Defendant B, and Defendant C, jointly and severally with Defendant B, share the amount of KRW 6,782,719 and each of the said amounts.
1. Basic facts
A. The Plaintiff is an organization consisting of residents residing in the village A in Jeonnam-gun, and the Defendants serve as the Plaintiff’s Saemaul leader and village leader.
B. On December 3, 1974, Defendant B, who was residing in the Plaintiff Village, completed the registration of ownership transfer for reasons of sale on September 24, 1974 with respect to D forest land of 10017 square meters (hereinafter “instant land”).
C. The Defendants completed on January 24, 1980 on the instant land, which was residing in the Plaintiff Village, on the grounds of sale on December 20, 1974, the co-ownership registration (per share 1/2) was completed.
Defendant B sold the instant land in KRW 15,00,00 to E on June 27, 2012 with Defendant C’s consent, and completed the registration of ownership transfer on July 13, 2012 for the said land.
[Ground of recognition] Facts without dispute, entry of Gap1 to 12 evidence (including paper numbers) and the purport of the whole pleadings
2. Summary of the parties' arguments
A. Plaintiff 1) The instant land is originally owned by the Plaintiff Village, and only the title of the land was entrusted to the Defendants, who were residents residing in the Village Council at the time. However, the Defendants embezzled the instant land by selling it to E and completing the registration of ownership transfer. Accordingly, the Defendants seek payment of KRW 30 million as compensation for damages arising from such embezzlement. (2) The Plaintiff Village Association is a social organization that was independently engaged in from around 1970, and has the substance. Therefore, the instant lawsuit is lawful as a lawsuit filed by a person with the capacity to be a party.
B. Defendant B (1) The Plaintiff Village Association failed to have an entity as a social organization. As such, the instant lawsuit is unlawful as a lawsuit filed by a person who has no capacity to be a party to the lawsuit. (2) The instant land is not the common property of the Plaintiff Village Association, but the personal property purchased and owned by Defendant B from F on September 24, 1974.
C. Defendant C is himself.