logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.11.11 2015가합4822
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The plaintiff is a clan in which the plaintiff is a joint set of five son E, the time group of the C Ma, the time group of the C Ma, the five son F, the second son F, G H, the second son of G, the group of children.

B. On March 1, 2006, the Plaintiff held a general meeting of shareholders and completed the registration of ownership transfer in the name of a clan with the land of 35 lots in the name of Chungcheongnam-gun I, Chungcheongnam-gun, Chungcheongnam-gun, where title trust was held to an individual (hereinafter “instant land”). In the event that filing a lawsuit is necessary, the Plaintiff decided to delegate all the powers to the president who is the representative (J at the time of filing a lawsuit).

C. On March 1, 2007, the Plaintiff held an extraordinary general meeting and revised the date of the ordinary general meeting as of October 10, 2007, which was held on October 1, 2007, as of the Hpropy day, and the Defendant was appointed as the president, and the Plaintiff resolved to pay 15% of the winning amount to the attorney-at-law and 15% of the required expenses, respectively, to the contributor.

On March 14, 2009, the Plaintiff held an extraordinary general meeting and appointed K as the president, and passed a resolution, such as entrusting the president with all authority over the lawsuit, etc. on the instant land restitution.

E. On November 26, 2009, the Plaintiff: (a) held an ordinary general meeting on November 26, 2009 and notified the winning of the case in a lawsuit on the recovered land of this case; (b) paid 15% of the total officially announced value of the recovered land to Attorneys L; and (c) decided to donate or sell the land equivalent to 5% of the total officially announced value of the recovered land of this case to K, Defendant, and M, which are the

(F) The Defendant filed an application against the Plaintiff for a payment order (the District Court Decision 2013Guj1974) stating that “the Plaintiff shall pay the amount equivalent to 5% of the total officially announced value of the recovered land, 214,865,997 won, and delay damages therefrom,” and the said payment order became final and conclusive on June 25, 2013 due to the Plaintiff’s failure to raise an objection.

hereinafter referred to as "the case."

arrow