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1. The plaintiff's main claim is dismissed.
2. The defendant shall pay 650,000,000 won to the plaintiff and the defendant shall pay 650,000 won on December 11, 2010.
Reasons
1. Basic facts
A. The Defendant is a foundation established around October 7, 2007 for the establishment and management of a private cemetery. The Plaintiff is a person who contributed to the Defendant, as an endowment, eight parcels of land outside 141,827 square meters in Jeonju-gun, Jeonju-gun, and was appointed as the Defendant’s director.
B. The Plaintiff remitted to the Defendant the sum of KRW 650,000,000 (hereinafter “the instant money”) as follows.
① KRW 300,000,000 on June 23, 2010 ② (2) 170,000,000 on October 17, 2010 ③ (3) 100,000,000 on November 8, 2010 ④ KRW 80,000 on December 10, 2010
C. The main contents of the Defendant’s articles of incorporation are as follows.
The property of a legal entity under Article 5 (Property) shall consist of:
1. Property acquired as an endowment and beneficial to such property;
2. Money and other valuables; and
3. Revenues generated from fundamental property and ordinary property;
4. Other revenues or property generated from business operation (management of property) (1) If it is intended to sell, donate, lease, exchange, or offer as security basic property of a corporation, bear obligations, or waive rights, it shall obtain approval from the competent authority after a resolution of the majority of the registered directors at the board of directors.
(2) Expenses incurred in maintaining and operating a corporation shall be covered by the fruits, business incomes and other incomes of its endowments.
Article 9 (Liability Bearing Other Obligations than Budget) If a corporation intends to assume any obligation other than the budget, it shall undergo a resolution of the board of directors.
[Ground of recognition] Facts without dispute, entry of Gap 1, 5, 6, 10 evidence (including each number), the purport of the whole pleadings
2. The parties' assertion
A. At the center of the plaintiff, the plaintiff lent the money of this case to the defendant, and the defendant must pay it to the plaintiff.
Preliminaryly, the Defendant acquired the instant money without any legal ground, and the Plaintiff suffered damages equivalent to the said amount, and thus, the Defendant shall return it to the Plaintiff as unjust enrichment.
B. The amount of this case transferred to the defendant by the plaintiff to the defendant is a contribution or an investment, and is returned to the defendant.