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(영문) 광주지방법원 2016.07.22 2015가합320
추심금
Text

1. The Defendants shall be jointly and severally liable to Plaintiff A to the extent of KRW 182,560,000, and KRW 42,500,000 to Plaintiff B, within the limit of KRW 197,236,90.

Reasons

1. Basic facts

A. Defendant D Village Association (hereinafter “Defendant D Village Association”) is a resident community consisting of residents residing in the D Village, G Village, and H Village located in the Haeung-gun, Goeung-gun, Goeung-gun, and H Village.

B. Around April 22, 2008, the Defendant Village Association concluded a contract with the J (hereinafter “J”) to sell 476,212 square meters of K-based K-based K-based K-based, J (hereinafter “instant real estate”) for KRW 1.4 billion in the purchase price, with the delegation of I around April 22, 2008. However, the J waived waived the said contract on September 12, 2008 because it did not prepare any balance.

On September 25, 2009, the Defendant Village Association resolved to withdraw the delegation of sale to I on September 25, 2009 and not sell the instant real estate to J.

C. Around August 2009, Defendant E, who was the representative of the Defendant Village Association, had been pretended to sell the instant real estate from the village residents and had not passed a resolution of the Defendant Village Association, but has forged a copy of the resolution of the general assembly on June 16, 2010 as if the Defendant Village Council resolved to dispose of the said real estate. Around early July 2010, 201, Defendant Community Association forged the rules of the community Council.

I concluded a sales contract with J on July 12, 2012 (hereinafter “instant sales contract”) with regard to the instant real estate by using forged documents as seen above.

Defendant E entered his personal information in the representative column of each of the above documents forged by I in the process, and brought the seal impression of village residents who were in his custody to I.

I는 2010. 10. 4.경 피고 마을회가 주민 과반수 참석으로 이 사건 부동산 처분을 승인하는 취지의 결의를 한 것처럼 총회 결의록을 위조하여 J에 건넸다. 라.

J The purchase price of this case to I and Defendant E is KRW 500 million on June 11, 2010, and the same year.

7. 12.40 million won ( above transfers to the post office account in the name of L, the chairman of the finance committee of the Defendant Village Association), and the I’s account in the name of M in the name of 22. 252,432,000 won.

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