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(영문) 울산지방법원 2018.11.21 2017가단54953
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion was the chairperson, who was the representative of the defendant village council in the past, and the defendant village council is a non-corporate body composed of members of the farming association residing in the village C and their descendants, etc.

The plaintiff, while performing the duties of the chairperson of the defendant village association in the past, knew that he/she arbitrarily disposed of the property of the defendant village association from around 197 to around D and E through legal procedures, such as civil litigation, by taking advantage of the circumstance in which D and E, etc. are unclear about the ownership and management of the property jointly owned by the defendant village association, village relocation, and status as farmland members, the plaintiff was aware that he/she arbitrarily disposed of the property of the defendant village association.

Members of the Defendant Village Association shall pay to the Plaintiff 10% of the property found to be found in the process of legal disputes between the above several years by recognizing that the Plaintiff followed his livelihood, promoted his work, and recovered the property of the Defendant Village Association. A resolution was made at the 12th Defendant Village Association meeting held on July 22, 2003, and the same year from August 14, 2004.

8. By 31. The written resolution confirming this was made.

The members of the Defendant Village Association were 94,159 square meters in the size of the real estate, which is the property restored by the Defendant Village Association, by the Plaintiff’s leading efforts through the above extraordinary general meeting and the following written resolution. As such, 10% of them was 9,400 square meters, and 94 million won was converted into money.

Attached Form

The size of real estate indicated in the list is about 15,400 square meters if it is converted into approximately 150,000 square meters, and 60,000,000 won calculated by subtracting 94,000,000 won which the plaintiff should receive as compensation for meritorious services, and the defendant Village Association decided to transfer the ownership of real estate listed in the attached list to the plaintiff if it pays to the defendant Village Association the sum of 90,000,000 won which the plaintiff paid to the plaintiff.

The plaintiff paid the full amount to the defendant village association in accordance with the above resolution.

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