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(영문) 수원고등법원 2020.07.02 2019나14772
부당이득금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

[Claim]

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for cases of cutting or deleting, as follows, and thus, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.

Part 4 of the first instance judgment "the land before the division of this case" shall be further added to "the land before the division of this case".

Part VI through VII of the judgment of the court of first instance shall be added to the following parts:

(B) In light of the following circumstances acknowledged by comprehensively considering the overall purport of arguments in the above basic facts and Gap 2, 3, 8, Eul 1, 5, 6, 8, and 9, it is reasonable to deem that the F actually performed the duties of the defendant clan as its representative rather than the representative of the defendant clan, and that the F’s disposal of the land of this case owned by the defendant clan constitutes an act concerning the duties of the defendant clan externally and objectively, it is reasonable to deem that the defendant clan has a duty to compensate the plaintiff for damages incurred by the F, who is the de facto representative of the defendant clan in connection with his duties by analogical application of Article 35(1) of the Civil Act. Accordingly, the plaintiff’s above assertion is reasonable. ① A member of the defendant clan, who is a member of the defendant clan, registered I as the representative of the clan in the form of the defendant clan and made it necessary to establish a resolution of the board of representatives of 97 members by the defendant clan 2, including the above bylaws, and made it possible to appoint the representative of the defendant 17 members by region.

Since then, the clans were managed through the first rules and the resolution of the board of representatives.

After December 3, 2000, the defendant clan.

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