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(영문) 서울고등법원 2020.11.27 2020누41346

조합원지위확인

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All appeals by the plaintiffs are dismissed.

The costs of appeal are assessed against the plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is as stated in the reasoning of the judgment of the court of first instance, except for the following cases. Thus, this is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

The plaintiff did not submit a statement of grounds for appeal and did not appear at the date of the appellate trial. In full view of the evidence submitted in the first instance trial and the allegations made by both parties, the fact-finding and decision of the first instance court shall be deemed to be legitimate). [Attachment] of the first instance court’s decision, the "5. Application for Parcelling-out" of Part 7

6. The application method for parcelling-out shall be as follows:

7. The method of application for parcelling-out is high. The notice sent on November 7, 2018 in the last sentence of the judgment of the court of first instance shall be “a notice sent on or around November 7, 2018 (Evidence No. 7)”.

2. In conclusion, the part of the plaintiffs' preliminary claims in the lawsuit in this case is unlawful and all of them are dismissed. The judgment of the court of first instance is just in conclusion. Thus, the plaintiffs' appeal is dismissed in entirety as it is without merit. It is so decided as per Disposition.