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(영문) 대전지방법원천안지원 2017.09.27 2015가단102886
기타(금전)
Text

1. Defendant C’s KRW 81,037,667 as well as 5% per annum from April 22, 2015 to September 27, 2017, respectively, to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a clan set up in DC 54 years old E, and Defendant B is elected by the Plaintiff’s president at the general meeting of a clan on December 1, 2013, and Defendant C is in combination with the Plaintiff’s general secretary general and secretary general from around December 2, 2013, but the name of a clan appears to be the general secretary general.

(3) A person who is or is or is or is or is or is or is or is or is or is or is or is a member.

B. According to the rules of the plaintiff clan, the members of the clan shall be elected from 15 to 20, and the term of office shall be four years, and the chairperson shall appoint the general secretary and the director of the finance division from among the members of the clan.

C. On July 15, 2014, the Plaintiff: (a) held a Religious Committee and passed a resolution to approve the sale of 1,094 square meters in ASEAN, the Plaintiff owned; (b) and (c) the amount of compensation for the incorporation of 85 square meters in ASEAN-si; and (d) delegated the Defendant C with the affairs concerning the receipt of the proceeds of sale and the amount of compensation.

After July 23, 2014

62,424,603 and b) the purchase and sale balance of the F land described in the F.

The amount of KRW 34,143,500 for expropriation of G land as described in the subsection (hereinafter collectively referred to as “instant money”) was deposited in Defendant C’s deposit account in the name of Defendant C (Seoul A, Deposit Co., Ltd.; hereinafter referred to as “instant deposit account”).

(e) E.I filed an application with Defendant B for a suspension of the performance of duties and a provisional disposition of the appointment of an acting director against the Defendant B in 2014, and on October 10, 2014 in the procedure of the said provisional disposition, conciliation was concluded as follows ( Daejeon District Court Branch Decision 2014Kahap93, hereinafter “instant provisional disposition adjustment”).

(b) Conciliation provisions;

1. Defendant B shall not perform the duties of the representative until an extraordinary general meeting for the appointment of a new clan is held under the supervision of the representative under the following 2.

2. The attorney J shall be appointed as a representative of a clan during the period of the above suspension of execution.

3. Ascertainment that the representative appointed by the above extraordinary general meeting has a legitimate representative authority of the clan;

(f) I shall be the Plaintiff in 2014.

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