logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.02.01 2016가단30056
부당이득금반환
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

Under the premise, the Defendant is a non-corporate body consisting of fishermen who have acquired the right to sell the water of 2,054m2 (hereinafter “instant land”) from the Korea Water Resources Corporation in Ansan-si, Ansan-si (hereinafter “instant land”).

At the time of 2003, the head of the defendant's partnership is E, the auditor was F, and the head of the previous partnership was G.

Plaintiff

A was the president of the Defendant from April 12, 2005 to May 29, 2008.

Around November 21, 2003, Defendant and H agreed between Defendant and H provided the instant land as a site for a commercial building and borne by H to bear expenses, such as the cost of preferential construction, and they newly built a commercial building on the ground. Of the newly built commercial building, the first and second floors are owned by the Defendant’s members, and the remainder was owned by H to cover the construction cost, etc.

G Embezzlement and the Plaintiffs’ remittance G made an agreement to the Defendant on June 19, 2003 that the Plaintiff voluntarily used the Plaintiff’s funds of KRW 190 million while in office as the president of the partnership, but failed to repay to the partnership. However, on June 19, 2003, the Plaintiff renounced the rights of KRW 23.4 out of the instant land.

Plaintiff

B: (a) On December 29, 2003, Plaintiff A transferred KRW 92 million to F’s account at the time of audit; (b) on January 2, 2004, KRW 19,4160,00,000,000,000,000 to F’s account at the time of audit; and (c) on January 2, 2004, the F deposited KRW 19,416,00,00,000,000,000,000,0000

The remainder payment date of the land price of this case was originally made on August 31, 2004, but the remainder was fully made on December 28, 2005.

[Grounds for recognition] In the absence of dispute, Gap 1, 2, 3, 10 evidence, Eul 6 evidence (including each number), witness F testimony, and fact-finding inquiry into the Korea Water Resources Corporation, the defendant asserting the purport of the whole pleadings is able to complete the commercial building on the land of this case and dispose of it.

arrow