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(영문) 서울고등법원 2017.06.09 2016나2017758
부당이득금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The organization and activity 1 of the Plaintiff’s Village Association (hereinafter “Plaintiff’s Village Association”) is the Kimpo-gun, Kimpo-gun (the current name of the administrative district is referred to as “Seoul-si Ddong.”

2) The residents of the Plaintiff Village have been the representative of the Plaintiff Village Development Committee comprised of ten development members, including the head of the E Village, Saemaul Leaders, Women’s Council, and Senior Citizens’ Council, to carry out the joint project of the Plaintiff Village and the maintenance and management of the common property of the E Village in order to implement the joint project of the village, to maintain and manage the community property, and to promote the friendship among the residents. The residents of the Plaintiff Village Village have made important decisions related to the implementation of the joint project of the Plaintiff Village and the maintenance and management of the common property through the Development Committee comprised of ten development members, including the head of the E Village,

In addition, this Chapter has held a residents' general meeting to report the details of the project promotion and settlement of accounts to residents.

B. In the process of the formation of the joint property of the Plaintiff Village Association, the Plaintiff Village Association created a community joint fund with government subsidies, resident contributions, etc. from the 1960s, and promoted Saemaul projects and joint profit-making projects based on them, and purchased and managed real estate in the name of the head of the village, the head of the Ban, etc.

C. Plaintiff Village Association’s real estate acquisition and ownership transfer registration is completed 1) The Plaintiff Village Association’s land specified in attached Table 4 (hereinafter “instant land”) in the name of the head of the village, etc.

The land No. 4 of this case became the land No. 1 of this case through two partitions on May 28, 2001 and July 15, 2010.

) The land listed in [Attachment 5] List 5 (hereinafter “instant land”).

The land No. 5 of this case became the land No. 2 of this case through two partitions on May 28, 2001 and July 15, 2010.

) The land listed in [Attachment List No. 6] (hereinafter “instant land”).

The land No. 6 of this case is divided twice on May 28, 2001 and July 15, 2010.

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