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(영문) 광주지방법원 2019.05.31 2018가단16138
부당이득금반환
Text

1. The instant lawsuit shall be dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. The details of the registration of the Plaintiff Village Association;

A. 33 households were living in Gwangju Mine-gu A Village (hereinafter “instant Village”).

(hereinafter referred to as "representative household member") residents representing each household; (b)

E was the owner of the land in the village of this case, and sold it to F under the condition that permission was granted for the construction of solar power plants.

F The village residents of this case filed a civil petition opposing the construction of the above power plant, and E made a loan certificate stating that the village residents of this case would pay KRW 6,000,000 to the village residents of this case and pay KRW 9,000,000 by October 31, 2015.

C. As the village residents of this case did not pay KRW 9,00,000 promised by E, they filed a lawsuit on November 13, 2015 with the Gwangju District Court 2015 Ghana549617 in the name of the Plaintiff (A Village Association), and E filed a lawsuit against the Plaintiff for unjust enrichment on March 10, 2016.

The plaintiff was finally disqualified in the above contract amount lawsuit, and E withdrawn the lawsuit of unjust enrichment.

(hereinafter “Lawsuit related to nuclear power plants”) d.

On May 2, 2016, when the lawsuit related to a nuclear power plant is pending, on May 2, 2016, the 14 members of the village representative of the instant case attend an extraordinary general meeting and "(i) the village of this case, which is a natural village, has been dealt with with with with with with with with by setting up the rules of the village, which is a decision-making body, a delegated decision-making body, a development committee, and an enforcement body, but in the future, the village council is registered, and (ii) the filing of the contract deposit lawsuit with the Gwangju District Court 2015Da549617, and the filing of the response against unjust enrichment with the Gwangju District Court 2016Da1524, each of them is ratified."

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