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(영문) 창원지방법원밀양지원 2015.09.11 2014가합627
약정대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Defendant corporation is a school foundation established on October 1, 1965 with the aim of providing secondary education based on the fundamental ideology of education of the Republic of Korea.

(At the time of its incorporation, the name was “C” but was changed to the current name on May 24, 2012. (hereinafter “Defendant corporation”). B.

Since the registration of ownership transfer was completed on the ground of the contribution act on March 10, 1965, the Defendant corporation owned the instant real estate as the basic property of the corporation since it completed the registration of ownership transfer on the ground of the contribution act on March 10, 1965, with respect to 458,281 square meters (hereinafter “instant real estate”) registered in the Plaintiff’s name, Chonam-gun, Gyeong-gun, Gyeongnam-gun, the father of the Plaintiff

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, Eul evidence Nos. 2 and 3, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff, around 1965, agreed to return the instant real estate to the Plaintiff’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her she had the Defendant corporation use the said real estate without compensation. While the Defendant corporation continued to return the said real estate on February 17, 201, the real estate of this case shall be returned to the Plaintiff by February 28, 201, and the Plaintiff shall pay KRW 175 million,00,000 to the Plaintiff until March 31, 2011 and KRW 15 million until May 31, 2011. As such, the Defendant corporation asserts that it is obligated to pay the Plaintiff the said 175 million her her her

The evidence Nos. 3 (Real Estate Substitute Contract) cannot be used as evidence since there is no evidence to acknowledge the authenticity of the evidence, and each of the evidence Nos. 1 and 4 (including the paper number) alone is insufficient to recognize the plaintiff's above assertion, and there is no other evidence to acknowledge it.

B. In addition, the Plaintiff had not been the president of the Defendant corporation at the time of February 17, 201, but had been exercising the power of representation of the Defendant corporation in the position of the founder.

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