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(영문) 서울고등법원 2018.08.17 2017나2042591
부당이득반환 등
Text

1. Of the parts concerning the principal lawsuit in the judgment of the court of first instance, the following amounts shall be exceeded:

Reasons

1. The following facts do not conflict between the Parties:

The plaintiff is a reconstruction association that implements a reconstruction project with authorization for the establishment on December 24, 2002 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents and with authorization for the implementation of a reconstruction project on March 14, 2005 with respect to the size of 7,900 square meters in Jongno-gu Seoul Metropolitan Government Dwon 7,90.80 square meters.

B. Defendant C is a member of the Plaintiff; Defendant B, the birth partner of Defendant C, performed the Plaintiff’s duties of advice and permission and permission from August 2002, and was appointed as the Plaintiff’s standing adviser around February 12, 2005, and performed the same duties as the Plaintiff’s standing adviser until May 3, 2008.

2. Determination as to the claim on the principal lawsuit

A. According to the Plaintiff’s argument and the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Plaintiff’s claim for return of unjust enrichment related to overtime work allowances, salaries, and vehicle maintenance expenses, where the Plaintiff intends to pay money to Defendant B for overtime work, overtime work allowances, salaries, and vehicle maintenance expenses, the Plaintiff’s officers, without the Plaintiff’s general meeting resolution, shall be subject to resolution at the general meeting of the members. The Plaintiff’s officers, who paid wages to the Defendant B beyond the scope decided at the general meeting. As such, the Defendant B, who received overtime work allowances from the Plaintiff for the purpose of maintaining the vehicle, was obligated to refund the Plaintiff’s economic burden to the Plaintiff (Article 24,420,57, 64,000, 63,000, 63,000 won paid for the purpose of maintaining the vehicle, excluding 2,06,6630,300 won, 630,93340 won, and damages for delay from each of the above money, to the Plaintiff’s members’s association members, 24.

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