Text
1. Plaintiff 1’s conjunctive unjust enrichment claim in the judgment of the court of first instance falls under the following amount:
Reasons
1. Facts of recognition;
A. Resolution 1 on dismissal of the Plaintiff) The Defendant shall be the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).
(C) The urban environment rearrangement project of approximately KRW 28,178 square meters in Seongbuk-gu Seoul Metropolitan Government D, which is designated as an urban environment rearrangement project area (hereinafter “instant rearrangement project”).
(2) The Development Committee for the Urban Environment Improvement Project of E Zones (hereinafter referred to as the “Development Committee”) shall be the implementer.
(2) On June 201, 2011, the Plaintiff was a non-corporate body consisting of owners of land, etc. in the instant rearrangement project zone established for the purpose of prior resolution on the Defendant’s business affairs. (3) From June 201 to August 30, 2011, both the Defendant’s representative director and the Defendant’s management of funds, etc. related to the instant rearrangement project. Around 2015, the Plaintiff was subject to investigation by which various acts of corruption, such as illegal diversion of funds, were revealed.
3) The Development Committee passed a resolution to dismiss the Plaintiff at an extraordinary general meeting held as of April 23, 2015. Thereafter, the Plaintiff held a general meeting of the Development Committee on April 22, 2016 and passed a resolution to appoint himself/herself as a chairperson on the ground of Q, who is not authorized to convene a general meeting. 4) The Defendant’s auditor F requested the Defendant’s meeting on April 17, 2015 to convene an extraordinary general meeting for “Dismissal of the representative and appointment of a new representative director” at the Defendant’s board of directors, but the Plaintiff failed to comply with the convocation procedure and applied for the permission to convene an extraordinary general meeting at the Seoul Northern District Court.
On April 12, 2016, the Seoul Northern District Court 2015 did not hold a provisional general meeting of shareholders. F held a provisional general meeting of shareholders on May 3, 2016 after receiving a decision to permit the convocation of a provisional general meeting of shareholders from the above court.
On January 31, 2017, the above general meeting of shareholders passed a resolution to dismiss the representative director and internal director of the plaintiff, and on January 31, 2017, the above registration was completed.
B. On March 31, 2016, the Plaintiff, upon which the judgment of conviction against the Plaintiff became final and conclusive, commits occupational embezzlement, occupational breach of trust, and occupational breach of trust.