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(영문) 대구지방법원 2017.12.21 2017가합200690
부당이득금
Text

The Plaintiff

A. Defendant A and C jointly share KRW 346,987,50,00 and those related thereto from July 2, 2013 to June 16, 2017.

Reasons

Facts of recognition

The Plaintiff, who was seeking to create a general industrial complex in the Gri-gun, Daegu-gun, intended to purchase the 7176 square meters of the I forest land in Daegu-gun (hereinafter “instant forest land”) from H (hereinafter “instant clan”), and to this end, Defendant A, C, etc., who was the clan of this case, began consultations.

At the time of the commencement of the purchase consultation as above, Defendant A, C, etc.: “The instant clan is registered as L’s father (the Defendant A’s father; hereinafter the “J”) and K (the Defendant C’s father and the Defendant C’s wife)’s punishment. The Plaintiff was recorded as L’s adopted child. On June 8, 2013, Defendant A, C, etc.: (a) died before the extraordinary general meeting was held on the day of June 8, 2013; (b) the net F (the deceased on February 1, 2017; hereinafter “the deceased”) and the network M (hereinafter “M”) were composed of four units representing each of the instant clans; (c) M’s house was opposed to the sale of the instant forest; (d) the remaining three units of houses were consenting to the sale of the instant clans; and (e) the Plaintiff presented the minutes of the instant clan’s special meeting to the Plaintiff on June 2013, 2013 to the effect that the minutes of the instant clan were sold to the Plaintiff 3008.

The Plaintiff, according to the horses of Defendant A, etc., believed that each resolution of the special meeting of the instant clan on June 8, 2013 (hereinafter referred to as “each resolution of this case”) was duly made, and on June 21, 2013, between Defendant A and the Plaintiff, who is the representative of the instant clan, purchased the forest of this case from the instant clan in KRW 43.4 million, and the Plaintiff purchased the forest of this case from the instant clan in KRW 43.4 million on June 21, 2013, which is the date of the contract (hereinafter referred to as “the sales contract of this case”), and concluded a sales contract to pay the remainder of KRW 3.4 million on July 2, 2013 (hereinafter referred to as “the forest of this case”). On the same day, the Plaintiff as to the forest of this case.

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