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(영문) 서울고등법원 2016.03.10 2015나2033197
부당이득금반환
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. All costs of appeal shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The relationship between the parties 1) A (hereinafter referred to as the “the instant Grand Order”)

A clan consisting of descendants who are 22 years of age or older in D, and members of the clan around 2008, at the time of the dissolution as follows, was composed of 100 members of the clan, who were 24 years of age or older in D, and only F and G, who were 24 years of age or older in D (E’s grandchildren were originally owned by U and V, but they were each damaged.

[2] The clan Regulations of the clans of the clans of this case (hereinafter referred to as the "Rules of the clans of the clans of this case") provides that ① the head of the household over 20 years of age shall be the descendants of WW 13 years of age residing across the country (Article 3), ② the members of the clans of the general assembly shall be 10 cc of October 8 every year (Article 6), ③ the members of the clans of the clans of this case shall be 3 years, but the term of office of the officers of the clans of the clans of this case shall be the remainder of the term (Article 9), ④ the vice-chairperson of the clans of the clans of this case shall be the remainder of the term of office (Article 10(2))

3) From July 13, 1994 to October 6, 2007, the president of the instant Grand Order I was the son of G from October 7, 2007, who was the son of F, and from October 7, 2007, the son of G. B, held on June 5, 2008, a resolution was made to the effect that the son and the son of F divided the son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’

2) A clan, held on March 28, 2009, consisting of KRW 73,000,000, etc. from among the property of the clan of this case among the property of the same clan of this case, shall be referred to as “G clan” (hereinafter referred to as “G clan”).

A) A resolution was made to pay the said money to G clans around that time. At the time, the vice president of the instant clans paid the said money to G clans. At the time, the vice president of the instant clans was Defendant B, the descendants of F, Defendant C, the descendants of F. 3) by the resolution of the division, etc. as above, G was established as a separate organization from the instant clans, and at the same time, it is composed of only the remaining members of the clans that were separated from the division.

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