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(영문) 부산지방법원동부지원 2019.07.24 2019가단328
편취금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion C organization (hereinafter “instant organization”) is a kind of organization formed by the citizens of the Republic of Korea in Busan metropolitan area from Pyeongan-do D to promote friendship. The Plaintiff is the representative of the instant organization elected on August 10, 2014 (the president).

The defendant conspired with E to manipulate the document as if he were elected as the chairperson of the organization of this case, and sold 8,600 square meters among the forest land in Busan, Busan, the ownership of the organization of this case to a third party, and acquired 95 million won, which is a part of the price.

Therefore, the defendant is obligated to pay the plaintiff the above money 95 million won and damages for delay.

2. According to the facts without dispute between the parties to the judgment, and the overall purport of Gap evidence Nos. 1 through 4, the organization of this case received a unique number certificate from the head of Suwon District Tax Office on August 18, 2014 as "the name of organization C, the name of the representative: the plaintiff", and the defendant was sentenced to two years of suspended execution for the period of eight months in embezzlement in Busan District Court's Dong Branch Branch Branch of the Busan District Court on April 26, 2017, and then the above judgment became final and conclusive (Dasan District Court's Branch Branch Decision 2016Da2442), the defendant's criminal facts against the defendant are "the name of the organization indicated in the judgment of the organization of this case, which is a non-profit corporation around March 2012, as "J organization." The organization's member E, G and Busan District Court's ownership of the organization of this case, which is a non-profit corporation, for voluntary disposal of H's forest and forest around 200 million won.

However, even according to the above facts of recognition, the plaintiff, who is an individual, suffers any property loss due to the defendant's tort (the plaintiff expressed the "comforation", but is embezzlement to the organization of this case as above).

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