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(영문) 서울고등법원 2015.08.19 2015나2014561

조합원지위 부존재 확인의 소

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

3. Text of the judgment of the court of first instance;

Reasons

1. The basic facts;

2. The parties' assertion

A. The grounds for this part of the Plaintiff’s assertion are as stated in Section 2-A and Section 2-B-1(a) of the reasoning of the judgment of the first instance except for the addition or dismissal as follows:

(The main text of Article 420 of the Civil Procedure Act) No. 420. 4. 4. 3. The project of this case is "the project of this case" and the project of this case for the Seocho-gu Seoul Metropolitan L Group (hereinafter "the project of this case") is "the project of this case", and the 4-5th 4-5th . "Defendant D, E, F, G, H, I (hereinafter "Defendant D, etc.")" are "the defendant," and the 5th 2th 3th m . "the land of this case" in the same 4th 5th m3 m2 in Seocho-gu Seoul Metropolitan Government as "the land of this case".

Then, “The Plaintiff’s issued stocks were 42%, 25.5%, 5%, 5%, and 2%, respectively, of the Korea Investment Securities Co., Ltd. and 2% of the AS were owned.”

The 6th class 9, 7th class 20 "Defendant D, etc." shall be changed to "Defendants".

The number of pages 6 11-12, 14, 7, 11-12, and 15 "2 persons, such as Defendant B," shall be "22 persons, such as B."

Part 6, 19, the following shall be added:

On the other hand, the plaintiff, K, and Crocco Asset Trust (hereinafter "Coco") concluded a disposal trust agreement to entrust the land, etc. owned by K in the project site of this case to Crocco (hereinafter "the trust agreement of this case"), including the land of this case, and designated the first priority beneficiary under the disposal trust agreement as the plaintiff. Article 1 of the special agreement provides that when transferring the real estate owned by the truster to the beneficiary, the purpose of the trust agreement of this case is to facilitate progress in urban development projects conducted by the beneficiary and to secure the beneficiary's right to benefit.

No. 6, 8, and 9 shall be added to the fourth page (based on recognition).

The 7th page 15 "Defendant D, etc." is "Defendant D, E, H.