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(영문) 창원지방법원 2021.02.04 2019나63192
종중재산 반환청구
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the representative C of the plaintiff.

The purport of the claim and the appeal shall be 1.

Reasons

Facts of recognition

A. On April 9, 1981, Defendant andO completed the registration of ownership preservation in accordance with the Act on Special Measures for the Registration, etc. of Ownership Transfer of Real Estate (Act No. 3094) with respect to forest land of 6645m2 (hereinafter “instant land”).

2) On December 1, 1990, the Agency for Defense Development completed on November 8, 1990 the registration of the entire transfer of shares by co-owners based on the acquisition of consultations on the instant land (Evidence B Nos. 1, 2, and 3). The compensation for the acquisition of the instant land was KRW 37,961,00 (hereinafter “instant compensation”), and all of which were received by the Defendant.

B. 1) The Defendant, as the 7th hand hand over Q Q’s 14 bad debt (see Gap evidence No. 12 and 23, and the 3rd household) in the Defendant’s house, published the description on November 14 each year. The Plaintiff’s custody certificate (the Gap evidence No. 6; hereinafter “the custody certificate of this case”) containing the following contents in relation to the preparation of the custody certificate of this case. In relation to the preparation of the custody certificate of this case, the Plaintiff was the Defendant, as a matter of course, who was the representative of the Plaintiff at the time of the preparation of the custody certificate of this case, and the Defendant divided the custody certificate of this case into the paper members by copying it.

The original is currently kept by U, but V is currently kept in custody.

“The” asserts to the effect that this Court is 3-D in writing prepared by the Plaintiff on February 7, 2019.

Done at the end of January 5, 2021, the Plaintiff’s reference documents (see paragraph 3).

NB SR 2) The Defendant organized the description from November 6, 201 to November 26, 201, as shown in the separate sheet No. 2 of revenue and expenditure (Evidence No. 3) with respect to the description from November 201 to November 26, 2017 (the document No. 3).

On November 30, 2017, Defendant (the Plaintiff’s representative), C (O’s partner) and E (O’s partner) opened a fixed deposit account (T; hereinafter “instant account”) with a cooperative name on the opening of the instant account, and the Defendant deposited KRW 30 million with the said account (Evidence A).

On November 18, 2018, C, E, etc. holding an extraordinary general meeting is organized by the Plaintiff on November 18, 2018.

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