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(영문) 대구고등법원 2015.04.02 2014나21725
부당이득금반환등
Text

1. Of the judgment of the court of first instance, the part of the plaintiff's loss against the defendant B, which corresponds to the money ordering payment below.

Reasons

1. Basic facts

A. The Plaintiff’s housing reconstruction project implementation 1) is a corporation with the purpose of removing houses, etc. and constructing new houses, etc. within the implementation zone of the housing reconstruction project of the Daegu-gu E-U. A. The Defendant C served as the head of the Plaintiff’s association from June 30, 2003 to November 28, 2009, which was at the time of the Plaintiff’s establishment. (2) The Plaintiff entered into a contract with the head of the Daegu-gu Si/Gu office to obtain authorization for the implementation of the housing reconstruction project for the land outside Daegu-gu G and 32 lots on May 12, 2005 (hereinafter “instant reconstruction project”).

B. On December 22, 2003, the Plaintiff entered into a delegation contract between the Plaintiff and the Defendant B, and the certified judicial scrivener D, and W, with respect to the instant reconstruction project (the Plaintiff terminated the delegation contract with D and AW around May 26, 2008), and thereafter Defendant B independently performed the relevant affairs, such as registration.

(2) The remuneration for performing the registration shall be determined by the registration of trust, 30,000 won per registration of trust, 15,000 won per registration of cancellation (excluding each value-added tax and cost); and (3) the contract period shall be determined by the delegation agreement for the registration affairs to be made until the plaintiff is dissolved upon the completion of the reconstruction project of this case (hereinafter “instant delegation agreement for the registration affairs”).

(2) Defendant B participated in the reconstruction project of this case, such as taking part in the Plaintiff’s registration affairs related to the reconstruction project from the conclusion of the delegation contract of this case to June 2009, and receiving fees from the Plaintiff’s agent in the litigation related to the reconstruction project of this case, etc.

C. In the process of implementing the instant reconstruction project, the Plaintiff, such as the performance of duties related to Defendant B’s contribution acceptance and the Plaintiff’s registration fees, etc.

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