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(영문) 청주지방법원 영동지원 2018.05.09 2017가합625
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The Intervenor’s Intervenor’s motion for intervention is dismissed.

3. Of the costs of lawsuit.

Reasons

1. Basic facts

A. 1) The Plaintiff is a village A located in Chungcheongnam-dong, Chungcheong-gun D (hereinafter “A village”).

(2) The Defendant is an organization consisting of the heads of households residing in a village as its members. The Defendant is an organization consisting of the heads of households residing in a village.

B. Sale of forest land and dispute between the plaintiff and the defendant 1) 85,190 square meters of forest E-Gun in Chungcheongnam-dong, Chungcheongnam-do (hereinafter “instant forest”).

On August 5, 1970, the registration of ownership preservation was completed in F’s name. On February 12, 1973, the registration of ownership transfer was completed due to G, H, I, J, and K’s co-ownership. 2) On August 29, 1994 with respect to the forest of this case, the registration of ownership transfer was completed on October 11, 1981 under the Defendant’s name.

3) On January 3, 2014, L et al., as the Plaintiff’s representative and the head of A community, were the Defendant’s representative, and L et al., as the Defendant’s representative, drafted a resolution on the disposal of the instant forest in the name of the Defendant in the center for older persons in Chungcheongnam-dong, Chungcheongnam-do. 4) concluded a sales contract on March 22, 2014 between the Defendant, N,O, and P to sell the instant forest in the purchase price of KRW 250 million. As to the instant forest, the ownership transfer registration was completed on April 24, 2014 with 2/4 shares,O, and 1/4 shares, respectively.

5) On April 24, 2014, the Plaintiff deposited KRW 225 million in the instant forest account with its own credit cooperative account. However, on February 3, 2015, the Plaintiff filed a complaint with the Dongdong Police Station on the grounds that the said L, etc. sold the instant forest owned by the Defendant and embezzled the purchase price, etc., the Plaintiff deposited KRW 215,391,865 in the Defendant’s new cooperative account on May 19, 2015. (C) Q and R, a resident of L and A’s village, deposited KRW 215,391,865 in the Defendant’s new cooperative account on July 21, 2016.

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