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Reasons
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(영문) 서울서부지방법원 2014.10.10 2013가합10864
부당이득금반환
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1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 6,110,000 and its amount from January 24, 2013 to January 2014.

Reasons

1. Determination on the main claim

(a) Determination 1 on the cause of the claim 1) The following facts do not conflict between the Parties, or evidence Nos. 1, 2, 8, 15, and Eul Nos. 7 and 8 (including branch numbers if any); hereinafter the same shall apply):

(A) The Plaintiff and the Defendant C are co-owners, and Defendant B is a member of D religious organizations.

B) On November 24, 2003, the Plaintiff, the Defendants, and E are G companies located in the Jincheon-gun, Jincheon-gun, U.S. F (hereinafter “instant inspection”).

3) Charnel (hereinafter “instant charnel”)

(2) The Agreement on Operation (hereinafter referred to as the “Agreement”).

A) The text of the instant agreement is as follows, and the Defendants signed and sealed or signed in the “A” column at the end of the said agreement, the Plaintiff in the “B” column, and the “B” column in the “B” column respectively (the bottom part of the content of the agreement was written as hand.

(i)In the operation of the instant charnel, the agreement is agreed as follows with respect to the equity participation and allocation of three project participants (including one co-owner of land) in the operation of the instant charnel. The equity participation Party A (referring to the Defendant);

hereinafter the same shall apply.

(1) : 3,00,000 won (which means the Plaintiff) when applying for permission for a charnel house in this case’s land and investment in funds (13,00,000 won);

hereinafter the same shall apply.

(E) investment : 47,000,000 won (E);

hereinafter the same shall apply.

(A) : 30% A when allocating 13,00,000 won for a charnel house investment based on the amount of 2,000,000 won for a period of each investment, 30%: 20% (20% for a charnel tower)

C. C. D. D. C. Detain: 50 per cent (10 per cent of the A. B. E. E. D. for A. C. C.

C) Since November 15, 2003, the instant temple and the instant charnel house located, F forest land of 14,750 square meters (hereinafter “instant land”) were registered as co-ownership by the Defendants.

The defendants resided in the above temple from around that time to the closing date of the pleadings of this case.

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