logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원(창원) 2015.08.13 2014나21970
마을발전기금반환
Text

1.The judgment of the first instance shall be modified as follows:

The Defendants jointly share the Plaintiff with KRW 610,269,453 and this.

Reasons

1. The court's explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, citing this in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The Plaintiff’s assertion ① KRW 2.4 billion is owned by the Plaintiff, and only delegated the operation and storage of the instant village development fund to Defendant A (hereinafter “Defendant A Promotion Committee”).

The creation of the village development fund by the Plaintiff is a reply to the fact that the Defendant Promotion Committee assists in the smooth promotion of the project of this case by inducing the consent of the village residents. Since the project of this case is eventually discontinued against the village residents, the purpose of creating the original fund has disappeared, and the delegation relationship between the Plaintiff and the Defendant Promotion Committee is terminated, the Defendants should return the village development fund of this case kept without any legal cause.

② Even if the Plaintiff’s domestic affairs did not delegate the operation of the village development fund of this case to the Defendant Promotion Committee, it was donated on the condition of success of the project of this case. Since the Plaintiff failed to implement the project of this case on December 28, 201, following the revocation of the designation of the project implementer and the approval of the execution plan, the Defendants should return the village development fund of this case to the Plaintiff.

③ As the instant project was no longer executed, the Plaintiff should re-purchase the reclaimed land of public waters D from STX. The Defendant’s promotion committee’s refusal to return the village development fund of this case created by the sale price of some reclaimed land goes against the good faith principle.

3. Determination

A. According to Article 680 of the Civil Act of the legal nature of the instant agreement, delegation takes effect by one of the parties to entrust the other party with the management of affairs and the other party to consent thereto.

arrow