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(영문) 서울고등법원 2015.01.07 2014나2005812
대여금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Defendant related to the parties was changed to D, E, F (G on December 2010; hereinafter “G”), H, I, J, and AE as a social welfare foundation for the operation of a child welfare facility, the operation of a social welfare center, the operation of a day care facility for infants, and the operation of a specialized day care facility for older persons.

L was appointed as the Defendant’s director on December 11, 2005, but retired from office on August 16, 2012 (after temporary retirement on December 11, 2011 during the re-election period, he/she took the office again on December 15, 201), D, E, G, and H (hereinafter collectively referred to as “instant facilities”) as the president, and operated the said facilities substantially.

Plaintiff

A is the wife of L, and the plaintiff B is the wife of L.

B. 1) The Defendant: (a) had a 1,688.2 square meters of the building owned by the Defendant; (b) 3 Dong-dong (building number: 1 Dong, 2 Dong, and 3 Dong-dong); and (c) Dong-dong Seoul Gangdong-gu, Gangdong-gu, Seoul National Police Agency (hereinafter “I”) had a 1 Dong-dong of the building on the ground of Gangdong-gu, Gangdong-gu, Seoul; (d) L began to substantially operate G from December 2007 upon delegation from the Defendant; (e) around June 2008, after newly establishing E and operating it as its representative; and (e) at the time, I (hereinafter “I”) used subparagraph 3 Dong-dong among the above buildings owned by the Defendant, which were directly operated and managed by the Defendant; and (e) used subparagraph 1 Dong-dong and 2 Dong-dong among the buildings in this case where L was actually operated.

3 L around 2008, among the above land buildings owned by the Defendant, removed the remaining buildings other than the building No. 3 where I directly operated and managed by the Defendant among the above land buildings owned by the Defendant, and constructed a new building, and operated the Defendant’s facilities in the building, the actual management of which L is L, and made a proposal that L will contribute to the Defendant’s own charges required in the construction process.

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