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(영문) 부산고등법원 2021.01.21 2020나52705

분담금반환

Text

Of the judgment of the first instance, the part against the defendant is revoked, and all the plaintiffs' claims corresponding to the revoked part are filed.

Reasons

1. The grounds for this part of this court’s reasoning are as follows, with the exception that the reasoning for this part is written by the court, from the second to the second to the second to the fourth to the second to the fourth to the judgment of the first instance (Article 7(1) of the Civil Procedure Act). This part of the reasoning for the judgment of the court of first instance (Article 420 of the Civil Procedure Act) is as follows.

Article 7 (Liability and Management of Cooperative Members) ① Cooperative members' share is separate from the cost of vicarious performance of the affairs to support the affairs of the Cooperative, and is used for all the project cost required for the implementation of the Project, including the cost of land purchase, the cost of land purchase, the cost of removal, the cost of land purchase, the cost of construction and operation of the public relations center, the cost of construction and operation of the public relations center, the cost of advertisement, the cost of construction and operation of the public relations center, the cost of public relations, the cost of construction of the Cooperative members, the cost of trust management, the cost of the promotion committee, the cost of operation of the committee, the cost of attorney-at-law, the cost of accounting, the cost of accounting, the cost of civil petition

The fourth letter of the judgment of the first instance shall be followed by the law "B" under the third letter below.

2. The grounds for this part of the judgment on the primary claim are as follows: (a) the reasoning for the judgment of the court of first instance (the main text of Article 420 of the Civil Procedure Act), except that the term “cooperative contract”, which serves as the eight side of the judgment of the court of first instance, is used as the term “cooperative membership agreement” (the main text of Article 420 of the Civil

3. Judgment on the conjunctive claim

A. The gist of the parties' assertion is as follows: (a) the reasoning of the judgment of the court of first instance is stated in this part; (b) No. 3-A.

B. As seen earlier, the fact that the Plaintiffs, upon the Defendant’s occurrence of the obligation to return the Defendant’s contribution, concluded a membership agreement with the Defendant each of the instant associations, and paid the contribution, lost the status of the head of the household meeting the requirements for membership qualifications before the date the Plaintiff was able to move into the association house according to the instant business, and thus, the Plaintiffs naturally lost the Defendant’s membership

I would like to say.

Therefore, unless there are special circumstances.