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1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
Reasons
1. Basic facts
A. The relationship between the Plaintiff and Defendant B 1) Defendant B is the “D Relocation Council” (hereinafter “Council”).
(3) On September 10, 2001, the representative is 33,500 square meters of land, E, etc. (hereinafter “instant land”).
2) The instant land seller demanded the Council to raise the purchase price on the side of the Council as the price of the land increases.
Therefore, the member companies of the Council filed a lawsuit against the above seller for the claim for ownership transfer registration and received some favorable judgment on October 10, 2003 (Seoul High Court Decision 2003Na65379). The above seller appealed against the above judgment but dismissed September 20, 2007.
(3) Defendant B completed the joint registration of the instant land in the name of eight members of a council comprised of the Plaintiff, Defendant B, and F, on February 22, 2008, and May 13, 2008. On the same day, the remainder of the constituent companies except the Plaintiff is withdrawn and the registration of ownership is completed under the name of the Plaintiff solely. (B) Defendant B was appointed as the Plaintiff’s representative director on April 1, 201.
The above Defendant borrowed the instant land in the name of each Plaintiff from a forest mutual savings bank as collateral one-lane 5,00,000,000, and two-lane 1,000,000,000 from each other. The Defendant developed the instant land and sold it in the name of the Plaintiff KRW 13,20,000,000 in total.
The above defendant received approximately KRW 19,200,000,000 in total from the above loans and the sale price to the plaintiff corporation account and kept them for business purposes.
2) Defendant B is the Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) from June 22, 2009 to April 6, 2010.
(3) Defendant B voluntarily withdrawn the Plaintiff’s funds from February 26, 2008 to April 29, 201, on seven occasions from November 2010 to November 29, 201, while serving as Defendant Company’s employee, and used the Plaintiff’s funds as Defendant Company’s operating funds. In addition, Defendant B voluntarily withdrawn the Plaintiff’s funds and used it as the Defendant Company’s operating funds from February 26, 2008 to April 29, 201.