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(영문) 대구지방법원김천지원 2016.01.29 2013가합594
손해배상(기)
Text

1. The Plaintiff:

A. Defendant C’s KRW 570,800,000 as well as 20% per annum from October 16, 2013 to September 30, 2015.

Reasons

1. Basic facts

A. The plaintiff is a clan similar organization with D 25 years old E and F as a joint group, and its members currently have approximately 200 persons.

On December 21, 2009, the Plaintiff first enacted the rules, and thereafter implemented them from that time.

B. Defendant B performed his duties as the Plaintiff’s general secretary from around 2000 to 2005. Around November 2005, Defendant B was elected as the president at the Plaintiff’s general meeting and performed his duties as the Plaintiff’s president from that time until February 2011.

C. On June 30, 1995, the Plaintiff completed the registration of ownership transfer with respect to G forest G 5,554 square meters on the ground of a donation made from January 20, 1973, the Plaintiff divided the said forest into 4,873 square meters of G forest (hereinafter “G forest after the first division”) and 681 square meters of H forest (hereinafter “H forest”) on April 6, 200, and the Gyeongbuk-do completed the registration of ownership transfer on the ground of a consultation on public land acquisition with respect to G forest after the first division on the same day.

On January 9, 2003, Defendant B prepared a sales contract and a letter of performance with Defendant C, stating, “In the event that the Plaintiff’s repurchase of 4,873 square meters of G forest land after the first division, Defendant C deals with the repurchase business on behalf of the Plaintiff, and bears the expenses, and instead, the Plaintiff shall sell the forest land to Defendant C plus KRW 100 million.”

E. From September 2002 to March 2003, Defendant B found I, J, K, L, M, N,O, and P (hereinafter “eight persons”), among the members of the Plaintiff, as their respective residential areas, and explained that “10 million won may accrue in the door in relation to G forest after the first division may accrue” and obtained their consent.

F. On March 31, 2003, the Plaintiff filed a lawsuit claiming for the registration of cancellation of ownership of G forest land after the first division against Gyeongbuk-do (Seoul District Court Decision 2003Gadan2228), and the above court.

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