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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts recognized;
A. The Defendant is the president of C religious organizations (hereinafter “C religious organizations”), and C religious organizations delegated D with the duties of collecting property from the Facs possessed by E religious organizations, etc., to D, who was in charge of attorney-at-law.
B. D received KRW 35,00,000 (including KRW 5,000,000) from G as a well-known position, and filed a lawsuit against the Franchisian of E religious organizations, claiming that G comply with the procedure for registration of cancellation of ownership transfer (Ulsan District Court Decision 2006Da46475) with respect to Franchisians as the representative of C religious organizationFs.
C. D around May 2007, the Plaintiff stated that “I will immediately win the F company’s property restitution-related litigation on behalf of the F company, but may issue a certificate of winning money, and the F company will be well-known.” After which the Defendant, as the president of the religious organization’s general director, appointed the Plaintiff (No. 5-6) as the F company’s representative officer on May 29, 2007, the appointment letter (No. 5-6) was issued to the Plaintiff.
However, on June 1, 2007, the Ulsan District Court rendered a judgment to invalidate the said lawsuit stating that “G cannot be recognized as the representative of a religious organizationF, and thus, the instant lawsuit constitutes unlawful as it constitutes a lawsuit instituted by a person without the power of representation.”
[Then, the above case was dismissed on August 14, 2008 (the court below 2007Na2480), and the appeal dismissed on December 24, 2008 (the Supreme Court Decision 2008Da66078). E. The appeal dismissed without a trial became final and conclusive on December 24, 2008 (the Supreme Court Decision).
After the judgment of the above retirement was rendered, G demanded the above 35,00,000 won to be returned to G in the above 35,00,000 won, D, on June 8, 2007, would immediately win the above 38,150,000 won to the Plaintiff in the lawsuit related to the above FF company, and by deceiving the Plaintiff, he would be aware of the 38,150,000 won to which he received 38,150,000 won from the Plaintiff and returned it to the above G.
At the time, the plaintiff was aware that the said money paid to G is returned to G.