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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The first instance court's judgment is the purport of the claim.
Reasons
1. On September 12, 2016, the Plaintiff asserted that the Plaintiff lent KRW 309,428,00 to the Defendant.
(2) The Plaintiff’s claim that the Plaintiff borrowed the same as the Plaintiff did not go through legitimate procedures for the management and disposal of collective property, such as the Plaintiff’s Joint Meeting Resolution.
Therefore, without any legal ground, the Defendant obtained property benefits corresponding to the instant loan without any legal ground, and thereby inflicted damages equivalent to the amount equivalent to the Plaintiff.
Therefore, the defendant shall return to the plaintiff the amount equivalent to the loan of this case as unjust enrichment.
Even if the Plaintiff’s representative paid the instant loan in accordance with the agreement with the Defendant, it is true that the Plaintiff did not undergo lawful management and disposition procedures regarding the instant loan, which is collective ownership property.
Therefore, the defendant is obligated to return the money equivalent to the loan of this case as unjust enrichment.
2. Summary of the parties’ assertion
A. Even though Defendant (this safety defense)’s loan of this case asserted by the Plaintiff is money owned by the Plaintiff church, it cannot be deemed that the articles of incorporation (No. 4-2) submitted by the Plaintiff is a valid articles of incorporation of the Plaintiff church established in accordance with legitimate procedures.
Minutes (No. 4-1) also have been prepared by falsity when the actual meeting is not held.
Therefore, the lawsuit of this case filed without the resolution of the general meeting of members is unlawful.
B. The Plaintiff church is an organization (non-corporate body) separated from the C church (hereinafter “C church”) and complies with the articles of association of the form, such as the C church’s articles of association.
Therefore, the articles of association (A No. 10) of the C church is valid and is also the articles of association of the plaintiff church.
The plaintiff, in accordance with the articles of incorporation (No. 4-2 or No. 10) of the plaintiff church in force as such, shall file the lawsuit in this case, subject to a resolution of the vertical committee in lieu of the general meeting of members.