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1. The Defendant’s KRW 40,000,000 as well as 5% per annum from March 16, 2017 to May 23, 2018 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The plaintiff is a clan that consists of descendants of 11 years of age for the purpose of promoting the protection of graves, religious services, and friendship among the clan members. The defendant is a person appointed as the plaintiff's clan "financial services" around September 21, 1994 as the plaintiff's clan members.
B. Although the land D (the E, F, or G was divided into the above land), H, and I was originally owned by the Plaintiff clan, the title trust was made to J, which was the cause of the clan around 1918, and thereafter, the title trust was made to K, other than K, which was the cause of the clan around August 26, 1970.
C. The plaintiff clan filed a lawsuit for ownership transfer registration against the plaintiff's non-K et al. and five members or their inheritors, for the above land, etc., the Jeonju District Court 94Da6856, which rendered a favorable judgment on January 25, 1995, and thereafter completed the registration of ownership transfer on the above land, etc. in the name of the plaintiff clan on May 25, 1996.
Meanwhile, L, from July 18, 201 to around September 6, 2011, was engaged in various business related to the clans, including the conduct of the lawsuit and the disbursement of funds for the above clans, entered into a contract with the Plaintiff clan to sell the above land of KRW 400 million to M, and 165,969,078 out of M received 400 million from the Plaintiff clan's N account, and embezzled the money by using the personal debt to repay the amount of KRW 165,969,078 among them. On September 14, 2011, the said F or G land owned by the Plaintiff clan was incorporated into the O corporation by consultation for the acquisition of public land. On September 23, 2011, after receiving KRW 370,474,000 from the former head of the Nowon-gu branch of the Republic of Korea to his/her account in his/her name, from around 370,474,000 to his/her own funds from September 13, 2016.
(hereinafter “instant occupational embezzlement”). E.
L is charged with embezzlement on November 19, 2013, and on September 17, 2014, the Seoul Southern District Court convicted of two years of imprisonment.