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(영문) 서울고등법원 2017.03.02 2016나2031655
손해배상
Text

1. The Plaintiff (Counterclaim Defendant)’s appeal against the instant principal lawsuit and counterclaim and the instant principal lawsuit by the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a person who was in office as a member of a R church located in the building located in the Jongno-gu Seoul Metropolitan Government Q 872 square meters. (2) Defendant B was divided into D Religious Site 3,965 square meters in Yangju-si on August 22, 2011 into D Religious Site 2,973 square meters and G Religious Site 992 square meters in Yangju-si.

A person who was in office as a member of the E religious organization (hereinafter referred to as the “instant church”) located in a building on the ground (hereinafter referred to as “each of the instant real property”), and Defendant C was in office as the head of the instant church.

B. 1) The instant church is Daegu Livestock Industry Cooperatives (hereinafter referred to as the “Large-gu Cooperative”) in preparation of an agreement between the Plaintiff and the Defendants.

A) The maximum debt amount of the right to collateral security was KRW 6,454,500,000,000 for the right to collateral security. As a result of delinquency in the debt of the non-loan, the procedure for the auction of real estate for each of the instant real estate owned by the instant church (hereinafter “instant auction procedure”) to the Jung Government District Court K upon a request for consultation on establishment around March 27, 2013.

(2) Around December 2013, each of the instant real estate is likely to be sold to others in the instant auction procedure, and the members of the church development committee, including Defendant B and Defendant C, who were delegated by them, entered into an agreement (hereinafter “instant agreement”) with the Plaintiff on December 18, 2013 and the following terms and conditions (hereinafter “instant agreement”) between the Plaintiff on December 19, 2013.

The instant agreement is divided into upper part and lower part by the braille, and the upper part was formulated on December 18, 2013, and the lower part was formulated on December 19, 2013.

(hereinafter referred to as “Agreement dated December 18, 2013” and the lower part of the upper part made on December 19, 2013 is referred to as “Agreement dated December 18, 2013” and “Agreement dated December 19, 2013.” This case’s agreement with Defendant B on resignation and appointment of successors.

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