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(영문) 대구지방법원영덕지원 2017.09.07 2016가합1115
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The defendant is a non-corporate body, the purpose of which is to jointly manage village property and promote mutual friendship among residents with the residents of D and E (hereinafter referred to as the "Defendant Village") located in the Gyeongjin-gun, Chungcheongnam-do.

The deceased on October 7, 1996, and his wife G around November 24, 2005, which was a member of the Defendant’s member, died, and the four South Korean children were living in the Defendant Village from the previous date, but the other children including the head and South Korean H were not residing in the Defendant Village from the time the parents died to the present date.

Defendant Members are in the middle of each year, under the direction of the representative, who take charge of the production of the Sullow Party, and the conference, etc., and held in title the title of the community real estate in the name of its members, and the provisions of the rules on the qualification of the Defendant for membership are as follows.

(2) On February 7, 1993, the Defendant held a village meeting on February 7, 1993 to the effect that “if moving to another area, the member’s rights shall be lost, and if death, only the head of the Si/Gun/Gu residing in the Defendant village shall succeed to his rights.”

On February 13, 2006, the defendant decided that "if a person moves to another area, he loses the membership right, and if the husband who is a member dies, the wife succeeds to the right, and if the wife dies, one of the children residing in the region where the defendant is living shall succeed to the right, but there should be a written consent of other siblings." The old rules should be null and void.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, and the purport of the whole argument by the plaintiff as to the plaintiff's assertion that the net F, who was the defendant's member, died of the net G, the plaintiff who continues to reside in the defendant village, succeeded to the status of the defendant's member

Nevertheless, since the Defendant did not recognize the Plaintiff’s membership, it seeks confirmation against the Defendant’s membership.

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