(영문) 전주지방법원 2019.01.18 2017나11042

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2019.01.18 2017나11042

부당이득금반환

Text

1. Revocation of a judgment of the first instance;

Defendant B, among the primary Defendant B, 64,000,000 won for the Plaintiff and the Plaintiff on October 2016.

Reasons

1. Facts of recognition;

A. The status of the defendant clan is the clan consisting of adult descendants among the descendants of KC L, and the defendant C is a person elected as the chairperson of the defendant clan at the general meeting of the defendant clan held on March 9, 2006, and M is a person appointed as the secretary of the defendant clan at the general meeting of the defendant clan held on April 5, 2008.

B. The defendant clans 1) The defendant clans 9,260 square meters of forests and fields D in Kim Jong-si (hereinafter “instant land”).

(2) Around 30,00 square meters of the clans, including the Plaintiff, owned the clans of approximately 30,00 square meters and received money from the members of the clans so that the members of the clans can reside or cultivate in the said clans. (2) However, some of the members of the clan leased the clans to those who are not the members of the clans or did not pay the rent to the Defendant clans, and the Defendant clan decided to raise the rent by 30% at the ordinary meeting held on March 6, 201.

However, the members of the clan did not pay the increased number of the clans, and the defendant clan discussed that the clan prepared the clans by selling the clans and promoted the clans business, such as the opening and repair of the clans and the publication of the family clans.

C. On August 25, 2014, the Plaintiff purchased the instant land from Defendant C, the representative of Defendant clan, for the purchase price of KRW 84 million, and the down payment of KRW 10 million and the intermediate payment of KRW 30 million, a contract date, August 25, 2014, and the remainder of KRW 44 million shall be paid respectively on December 30, 201 of the same year (hereinafter “instant sales contract”).

(A) After entering into a real estate sales contract (No. 3, hereinafter “instant sales contract”).

2) However, in the seller column of the sales contract of this case, Defendant C’s name and personal information are stated, and the buyer column is indicated as “the Plaintiff and one other”.

The plaintiff's payment of purchase price and the result of related litigation.

유사 판례

-전주지방법원 2016.07.20 2015가단16905

-대전지방법원 2018.10.17 2016가합106999

-대전고등법원(청주) 2014.10.14 2014나391

-의정부지방법원 2013.06.27 2012고정3254

-수원지방법원여주지원 2016.11.16 2015가합11280