(영문) 서울동부지방법원 2015.11.03 2014가합107206

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(영문) 서울동부지방법원 2015.11.03 2014가합107206

부당이득금

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1. The defendant shall pay KRW 1,797,130,000 to the plaintiff and KRW 180,000 among them, from June 7, 2004, and KRW 200,000,000.

Reasons

1.The following facts may be acknowledged, either in dispute between the parties or in full view of the entries in Gap evidence 1 to 17 (including branch numbers; hereinafter the same shall apply), Eul evidence 1 to 18, and the whole purport of the pleadings:

B. On October 15 of each year, the Defendant was a clan with C& 15 years old as a joint ancestor and engaged in the activities of promoting friendship among descendants, such as gathering time festivals, etc. on October 15, 2000. From June 18, 200 to January 16, 2006, E held office as the president who is the representative; 2) B/B church association (hereinafter “B church”) between E and E representing the Defendant on June 7, 2004, the Defendant purchased KRW 20,557 square meters (hereinafter “the forest of this case”) of the Defendant’s KRW 1,772,130,00,000 on the purchase price, and the down payment of KRW 180,000 on the date of the contract, and the remainder payment of KRW 15,130,000 on the day of the contract shall be made; and the sales contract shall be paid the remainder of KRW 1,300,84,200.

B. B church sales proceeds and damages payment 1) The B church association paid 180,000,000 won as down payment to E on June 7, 2004, which is on the date of the instant sales contract, and on August 10, 2004, paid 200,000,000 won out of the remaining sales proceeds to E, and remitted 100,000,000 won to the account under the name of E on August 11, 2004. 2) The Defendant demanded B church to pay the remaining sales proceeds to E around August 27, 2004, and demanded it to pay 60,000,000 won as damages due to delay in payment of the sales proceeds.

Accordingly, the school association shall pay 25,00,000 won as compensation for damages. On March 16, 2005, the association borrowed the forest land of this case from the Samsung Mutual Savings Bank as security, and transfers the amount of KRW 1,243,60,000 to the account in the name of the defendant using the loan, and transfers the amount of KRW 73,530,000 to G’s account in the name of the defendant at the time of the defendant’s general affairs at the time of the transfer of the amount of KRW 1,317,130,000 in total by remitting the amount of KRW 1,292,130,000 in total, =

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