1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

The first instance court.

Facts of recognition

The Defendant is a non-corporate group consisting of 49 fishermen who have acquired the right to purchase a lot of 2054m2 (hereinafter referred to as “instant land”) from the Korea Water Resources Corporation in Ansan-si.

The head of the defendant's primary partnership is G, the head of the partnership was E at the time of 2003, and the auditor was F.

Plaintiff

A as a representative of M Village, was the head of the Defendant’s partnership from April 12, 2005 to May 29, 2008, and Plaintiff B is the representative of N Village.

At the time G was the president of the Defendant’s partnership, members deposited the instant land purchase price into G’s account.

However, G embezzled part of the land price deposited as above at will, and as a result, G renounced the share equivalent to 23.4 square meters out of the land of this case after coming from the partnership, and intended to appropriate the share purchase price to the partnership fund.

After the G, E, the head of the partnership, at the time, received land payment from the auditor F who had been aware of the purchase price of the land, but he could not open a deposit account in his name, because he could not open a bank account in his name.

Accordingly, upon the opening of a deposit account in the F’s name, Plaintiff B transferred KRW 92,00,000 on December 29, 2003 to the said account, and Plaintiff A transferred KRW 92,300,000 on December 30, 2003 to the said account, and F deposited KRW 194,160,000, including the money received from other members, in addition to the money deposited by the Plaintiffs, as part of the balance of the purchase and sale of the instant land.

F) As above, the F terminated the said account immediately after transferring the land price to the Korea Water Resources Corporation.

Around November 21, 2003, Defendant and H provided the instant land as a site for a commercial building and borne by H with the expenses, such as the cost of the first construction, to build a commercial building on the ground. The first and second floors of a new commercial building are owned by the Defendant’s members, and H sell the remainder to the general public.