logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2018.11.27 2018가단59139
배당금분배
Text

1. The plaintiffs' claim is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The gist of the plaintiffs' assertion - The plaintiffs and the network G are children of the network H, and the defendant is the spouse of the network G.

- The network H, which is the plaintiffs' set aside, is a member of the J (hereinafter referred to as the "J") of the first clan (hereinafter referred to as the "family clan of this case") who is one of the members of the J (hereinafter referred to as the "J") and the plaintiffs and the network G is also a member of the J (J).

- The land indicated in the attached list (hereinafter “instant land”) received KRW 130,875,00 after deducting the shares and expenses of other members from the compensation distributed to the members of the instant clan, which was acquired through consultation with the deceased clans and K, and paid KRW 517,660,950 as compensation for the instant land after which the instant clans held title trust with the deceased G and K. In accordance with the above consultation, some members of the instant clans such as the president of the instant clans, etc. were decided to distribute the compensation without the legitimate general assembly resolution of the clans.

- Since the defendant received compensation without the resolution of a legitimate clan general meeting, it is demanding the plaintiffs to return each money stated in the purport of the claim to the plaintiffs by unjust enrichment.

- Even though there was a legitimate resolution of the clan general assembly with respect to the compensation for the land of this case, even though the clan 1/3 and the J Nos. 2/3 received respectively, upon examining the resolution of the clan general assembly, the compensation that the Defendant received by the Defendant was paid to the deceased H, and the heir of the deceased H has the right to equally distribute, so the Plaintiffs seek the return of each money as stated in their claims.

2. Determination

A. The distribution of proceeds from the sale of land owned by a clan can only be disposed of by a resolution of the clan general meeting, unless otherwise stipulated in the articles of association or by other regulations, and in the absence of such a resolution, a member of the clan claiming that he/she is the subject of the distribution is entitled to claim a direct distribution of the clan, and even if he/she decides to distribute the compensation for the accommodation of the clan land to the clan members, he/she may claim

arrow