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(영문) 서울중앙지방법원 2016.09.23 2015가단89909
기타(금전)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs (Plaintiff B is members of the Emergency Countermeasure Committee (hereinafter “Non-Subrogation”) that was organized by 22 households of the landowner and the housing owner in order to solve problems, such as compensation and relocation expenses, etc. for the real estate incorporated into the 2, 3 district redevelopment by J in Mapo-gu Seoul Metropolitan Government I (hereinafter “instant project district”), and Defendant D Co., Ltd. (hereinafter “Defendant D”) is a non-Subrogation joint representative of the urban environment rearrangement project executor, Defendant E, F, and G (hereinafter “Defendant E, etc.”).

B. Defendant E, etc. was prosecuted for the following facts constituting the crime and was found guilty in the Seoul Western District Court on February 17, 2016 (Seoul Western District Court 2014Da2433, 2015Kadan1636 (Merger)). The above Defendants appealed, but the appellate court on August 25, 2016 (Seoul Western District Court 2016No363) also convicted of the above facts constituting the crime.

Defendant (referring to Defendant E, etc.) is a joint representative of non-Subrogation members organized by 22 owners of land and housing located in the project district of this case in order to solve the problems such as compensation for losses, etc., and as a result, eight members of emergency countermeasure committee, including the Defendants, conspired to arbitrarily use the relocation compensation to be distributed to each member by their consent for the new construction cost of the building.

The Defendants: (a) deposited KRW 634,621,030,030, in total, KRW 634,621,030,000,000,000 from L, Co., Ltd., Ltd., Ltd., the executor of the urban environment rearrangement project in J, the Si Corporation, and KRW 20,000,000,000 from July 14, 201, and KRW 84,621,030, Sept. 30, 201; and (b) deposited the compensation in Defendant E’s account in the name of the national bank; and (c) deposited it in the course of business for non-Subrogation of the victims.

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