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(영문) 수원지방법원 2018.10.12 2017가합26020
기부금 반환청구
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B religious organization (hereinafter “Defendant organization”) was a religious organization established by Defendant C around 2009, and the Plaintiff became aware of the Defendant organization around April 2016 and donated total of KRW 392,00,000 from around that time to July 2016 to the Defendant organization by means of cash delivery or account transfer through Defendant C (hereinafter “instant donation”).

B. From the end of July 2016, the Plaintiff requested Defendant C to return the donation of this case, but the Plaintiff caused the instant lawsuit to be brought against Defendant C who did not comply with the request.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 2, purport of the whole pleadings

2. The plaintiff, as to the cause of the claim, made a donation of this case by deceiving the defendant C that the proceeds from the crime, which the plaintiff illegally acquired from the defendant C, can only be donated to the defendant's organization, and thus, there exists a cause for revocation under Article 110 of the Civil Code, and the plaintiff was given a donation under the condition that the defendant's living was used for the reputation of the defendant's organization, which suffered difficulties in living in the living of the case. Since the defendants failed to meet the obligation under the contract of donation, they shall return the donation of this case to the plaintiff according to the cancellation or cancellation of the above contract, and since the act of deception of the defendant C constitutes a tort under Article 750 of the Civil Code, the defendant C shall pay the money equivalent to the donation of this case to the plaintiff as compensation for damages, and the defendant C shall also be jointly

The evidence No. 1 and witness D’s testimony alone are sufficient to recognize that the Defendants made a contract of gift with a burden on the condition that they had taken the gift of this case by deceiving the Plaintiff, or that they bear certain payment obligations like the Plaintiff’s assertion.

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