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(영문) 서울동부지방법원 2014.05.21 2013가합104644
부당이득반환 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of premise;

A. The defendant is a branch church belonging to the Korean Egymna Association B of the Korean Egymnasium, and C has been employed as a representative pastor from May 2004 as the defendant's representative.

B. From May 2010, on the grounds of the issue of the relocation of the building of the Defendant church, the contents of the snow bridge of C, etc., there was a dispute between the members supported with D and E, including the Defendant’s armed rioter, E and the head of the house, association, association and association, and members, and C and C.

C. On April 22, 2012, F et al., D, E, and C were held at the Defendant’s school meeting. A resolution was made at the general meeting to change the name of the representative of the Defendant on each real estate indicated in the attached list (hereinafter “instant real estate”) from C to G. Accordingly, the registration of change in the name of the Defendant’s representative was completed on April 26, 2012.

D, E, and F, etc. held the Defendant’s Educational Assembly on June 17, 2012. A resolution was passed at the said Educational Assembly with the purport that “The E, E, and F, etc. shall withdraw from the KOSA and join the KOSAD 200 million won meeting against the Defendant,” and that “D, E, F, and G shall hold a meeting of the Defendant on the same day to appointG as the Defendant’s representative, and receive a loan of KRW 500 million from the Plaintiff, to set up a collateral security right of KRW 650 million with respect to the instant real estate.”

E. On June 28, 2012, G loaned KRW 500 million under the name of the Defendant from the Plaintiff, asserting that it is the Defendant’s representative (hereinafter “instant loan”). On the same day, G entered into a mortgage agreement with the Plaintiff as to the instant real estate, and concluded the said contract with the Plaintiff on the same day, and the maximum debt amount per the said contract with the Plaintiff is KRW 650 million, the Defendant, the debtor, and the debtor.

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