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(영문) 서울고등법원 2017.09.21 2016나2081735
부당이득금반환
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. 1) The Plaintiff’s status as the parties

(2) From March 1, 2006 to March 14, 2006, the Defendant served as the president of the Plaintiff or the president of the Plaintiff (from March 1, 2007 to March 14, 2009) from March 1, 2006, K served as the Plaintiff’s adviser from March 14, 2006 to October 2015, and M served as the Plaintiff’s president from March 14, 2009 to the Plaintiff’s leader from March 14, 2006.

(hereinafter referred to as “Defendant, etc.” in combination with Defendant, K, and M. B.

1) On March 1, 2006, the Plaintiff held an ordinary general meeting on March 1, 2007, and made a resolution to delegate all relevant authorities to the president (at that timeJ) who is the representative when filing a lawsuit, etc. to transfer the ownership registration of the said land in the name of the Plaintiff. 2) On March 1, 2007, the Plaintiff made a resolution to appoint the Defendant as the president and appoint 15% of the winning amount as the president, and pay 15% of the winning amount to the heir, etc. in the case of winning a lawsuit on the land of a clan.

3) On March 14, 2009, the Plaintiff: (a) held an extraordinary general meeting and appointed K as the president; and (b) passed a resolution to delegate all the authority over a clan’s land lawsuit to the president. (c) On March 26, 2007, the Plaintiff appointed attorneys L as his legal representative on March 26, 2007 and filed a lawsuit against the network S, etc. on the land of 13 lots, including 110,380 square meters of land in Chungcheongnam-gun, Chungcheongnam-gun, for the cancellation of title trust (hereinafter “instant restitution land”).

On this issue, the first instance court's lawsuit is the plaintiff's lawsuit.

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