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(영문) 서울고등법원 2017.06.09 2016나2017741
부당이득금반환
Text

1. The plaintiff's appeal and the plaintiff's selective claim added in the trial are all dismissed.

2...

Reasons

1. Basic facts

A. The Defendant Village Association (hereinafter “Defendant Village Association”)’s organization and activities 1) the Defendant Village Association is Kimpo-gun D (the current name of the administrative district is Kimpo-si, Kimpo-si).

(2) The residents of the defendant village conference have been the representative of the defendant village conference in order to carry out joint projects of the village community, to maintain and manage the community property, and to promote friendship among the residents, and have made important decisions on the implementation of joint projects of the village community and the maintenance and management of the common property of the village through the Development Committee comprised of ten development members including this Chapter, Saemaul Leaders, Women's President, and Senior Citizens' President, etc., and this Chapter has executed the agenda resolved by the Development Committee.

In addition, this Chapter has held a residents' general meeting to report the details of the project promotion and settlement of accounts to residents.

B. From the 1960s to create a community joint fund with government subsidies, resident contributions, etc., the Defendant Village Association has promoted Saemaul projects and joint profit-making projects based on this, and has purchased real estate in the name of the head of the Ri, Ban, etc. and managed and used it.

C. Defendant Village Association’s real estate acquisition and ownership transfer registration is completed 1) Defendant Village Association’s real estate acquisition and ownership transfer registration under the name of the head of the Ri/Ban, etc., 1,796 square meters in Kimpo-si, Kimpo-si (the land above was the land indicated in attached Table No. 1 as the area has decreased due to the division; hereinafter “one land before division”).

(2) As to the land of this case before division, G 1,705 square meters (the land of this case was the land indicated in paragraph (2) of the attached Table because the size of the land has decreased due to division; hereinafter “the land of this case before division”).

(2) The land of this case prior to the division is 370 square meters of H 370 square meters (in the case of the land above, the area of the land was reduced due to the division, and the land listed in paragraph (3) of the attached Table.

) The land listed in the separate sheet No. 4 (hereinafter “instant land”).

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