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1. The plaintiffs' claims against the defendant are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Facts of recognition;
A. The G Housing Redevelopment Association (hereinafter “the instant association”) was dissolved on August 17, 2006 on the following grounds: (a) for a redevelopment project of the size of 1,765 square meters of land and building owners in Seongbuk-gu Seoul, the Seongbuk-gu Seoul, H, I, and J, and for the redevelopment project of 1,765 square meters of land 191,080.53 square meters of land in Seongbuk-gu, Seongbuk-gu, Seoul (hereinafter “the instant association”).
The defendant was appointed as a liquidator of the union of this case on February 27, 2007.
B. Plaintiffs A, B, and K, a member of the instant association, claimed unjust enrichment from them, and filed a lawsuit claiming unjust enrichment (Seoul District Court 200Gahap44367). On April 24, 2002, the appellate court (Seoul High Court 2001Na30126), “The instant association paid 10,16,617 won to Plaintiff A, and its related expenses from July 4, 1995, from August 4, 1995, from August 31, 1999 to August 31, 199; 7,819,45 won to K; and from October 4, 1995 to April 24, 2005 to April 25, 205; and each of them paid 25% interest from the following day to 25% interest rate.”
On the other hand, K has died and succeeded to the property of Plaintiff C, D, and E, their children.
C. At the 34th special general meeting of the instant association held on March 25, 2009, a resolution was passed to the effect that “the filing of a lawsuit for the payment of liquidation money to the Hanjin Industries and the Hanjin Industrial Co., Ltd., and the collection of KRW 200,000 per each member of the instant association as the litigation expenses.” According to the above resolution, 268 members of the instant association remitted the sum of KRW 200,000, and the sum of KRW 53,600,000 to the new bank account in the name of the defendant designated by the instant association.
Of KRW 53,600,000, which was deposited into the above new bank account on May 18, 2009, the Defendant deposited KRW 50,000 as a fixed deposit in another new bank account (Account Number M) under the name of the Defendant, and then deposited as a fixed deposit at the maturity of May 18, 2010.