logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원(창원) 2017.06.15 2016나25372
구상금
Text

1.The judgment of the first instance court, including a claim expanded and reduced in this Court, shall be modified as follows:

Reasons

1. Basic facts

A. The U.S.O.O. (hereinafter referred to as the “O village”) proposed that the residents of the village will pay moving expenses and land compensation to purchase all the real estate owned by the O village and village residents.

As a result, the O Village constituted the Relocation Promotion Committee on October 10, 2007, elected NN as the chairperson, the Plaintiff, Defendant B, P, and M as each member, and delegated the relocation plan, sales consultation, receipt, distribution, etc. of community residents to the Relocation Promotion Committee. On October 13, 2007, the Resettlement Promotion Committee entered into a resettlement agreement with the Ho T&D with a total of 15 billion won.

B. During the period from October 27, 2007 to May 9, 2008, the Resettlement Promotion Committee received 8.5 billion won as the down payment and intermediate payment under the resettlement contract from YD and paid part of the village residents.

On the other hand, N, Plaintiff, Defendant B, P, and M withdrawn the remaining money of KRW 1 billion on October 19, 2008 without going through a general meeting of the O village, and the Plaintiff and N divide the total of KRW 650 million by bringing each of the KRW 110 million to the Defendant B, P, and M, respectively, and they paid KRW 350 million to Q who arranged for the migration contract.

C. On October 10, 2010, the O Village filed a lawsuit against Q to claim the return of the said KRW 350 million from the Jinwon District Court Jinju Branch Branch 201Ga2664, and rendered a judgment in favor of the said court, which became final and conclusive around that time.

O Village was distributed KRW 22,326,174 as a provisional seizure authority in the case of Jinwon District Court's Jinwon-gu T real estate auction for Q ownership.

O Village is against the plaintiff as the Jinwon District Court Branch 2012Gahap2586.

arrow