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(영문) 서울고등법원 2016.11.24 2016나2024534
손해배상청구의 소
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. The relationship 1) The defendant is an incorporated foundation established for the purpose of improving Buddhist islands' ability and providing human and material resources necessary for religious activities and social welfare projects. In the event that a person who newly records the purpose of its establishment donates property (movable property and real estate) to the defendant (Article 2 of the Rules of Branch Management), the defendant establishes a branch director for the management of the branch director (Article 20 of the Rules of Branch). In this case, the defendant establishes a branch director for the management of the branch director. The term of office of the branch director is four years, the president of the branch director of the branch director (Article 20 of the Articles of Incorporation) is located in D, and C is registered as the branch director in accordance with the defendant's articles of incorporation. The plaintiff was employed as the branch director of the branch office from January 31, 2005 to December 22, 2008.

B. A dispute surrounding C and the Defendant’s keeping of the Plaintiff’s corporeal movables (1) around October 2000, C were detained as a criminal fraud in relation to the establishment of a medical care center for the aged, and on December 17, 2004, the F, who was delegated as the Changju on March 19, 2008, continued the dispute over property issues, such as embezzlement by the Plaintiff, who was the director of the branch court, on March 19, 2008. 2) Accordingly, the Defendant appointed C as the administrator around May 14, 2009, after the Defendant audited C on April 9, 2009 and appointed C as the administrator around August 31, 2009.

3) Around the time when G is appointed as a custodian of C, H, who was in the position of the president of Newdo, operated C with the money paid by the principal and performed the management and operation of C, including the management and operation of C. Meanwhile, even after the expiration of the term of office of the president of the branch, the Plaintiff did not transfer the authority of the branch office to G to G and continuously reside in C, and the Defendant filed an application against the Plaintiff for a temporary injunction for eviction as the Cheongju District Court 2010Kahap31, and the Cheongju District Court accepted the Defendant’s application on April 12, 2010 and ordered the Plaintiff to withdraw from C.

5 On April 29, 2010, the defendant's request based on the above provisional disposition order was made in C.

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