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(영문) 서울중앙지방법원 2017.06.16 2016나65796
기타(금전)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff A and B, which constitutes the money ordering payment below, shall be revoked.

Reasons

1. The Defendants, in fact, are co-representatives of the Emergency Countermeasure Committee organized by 22 households owned by the land and the housing (hereinafter “non-Subrogation”) in order to resolve issues, such as compensation, relocation expenses, etc. for real estate incorporated into the Seoul Mapo-gu I Japanese Development 2 and three districts (hereinafter “project district”), and D (hereinafter “D”) is an executor of the urban environment improvement project.

Plaintiff

A, C, and net H (hereinafter referred to as “Plaintiffs, etc.”) are distinguished from “Plaintiffs, etc.” and are non-Subrogation members.

The deceased H died before the instant lawsuit was filed, and the Plaintiff B succeeded to the deceased’s property.

On September 15, 2010, non-Subrogation members, including the Plaintiff, etc., prepared a letter of commitment that “I, as non-Subrogation members, promises to delegate all the rights of collective compensation negotiations and non-Subrogation dissolution to the said negotiating delegations (the Defendants).”

The Defendants, as between D on December 13, 2010, agreed that D shall pay KRW 925,000,000 to Non-Subrogation on the condition that non-Subrogation members deliver the land and housing within the project district to D by the end of April 2011, and the Defendants, the representatives of non-Subrogation, agreed to determine the individual amount of 22 non-member members and submit it to D.

According to the above agreement, the Defendants prepared and submitted to the Plaintiff A and the network H an individual amount table in which the amount to be paid to each of the 22 non-Subrogation individuals, including the payment of KRW 50,000,000 for each of the 50,000 for the Plaintiff C and KRW 25,000 for the Plaintiff C.

D Until September 30, 2011, by paying to the Defendants KRW 634,621,030,000, as stipulated in the above agreement, paid all KRW 925,00,00,000, excluding the deposit and partial agreed amount paid to the lessee on behalf of non-Subrogation members.

However, between June 10, 201 and November 16, 201, the Defendants received the above KRW 634,621,030 from D, eight non-Subrogation members, including the Defendants, at will.

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