기타(금전)
All appeals by the defendants are dismissed.
The costs of appeal shall be borne by the Defendants.
The purport of the claim and appeal is the purport of the appeal.
1. The grounds for appeal by the Defendants cited in the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, except for the addition of the allegations in paragraph (2) below, and the fact-finding and decision of the court of first instance are justified even if the evidence submitted to this court is added to the evidence submitted to
The reasoning of the judgment of this court is as follows, except for the addition of the defendants' "judgments on the additional proposal" to the following 2. The reasoning of the judgment of this court is as stated in the reasoning of the judgment of the court of first instance.
2. Determination as to the defendants' additional assertion
A. Determination 1 on the assertion that cancellation and rescission of each of the instant contracts is impossible, the provisions of the Civil Act concerning cancellation and rescission of a contract by mistake of the Defendants’ assertion do not apply to the membership agreement (see, e.g., Supreme Court Decision 71Da1833, Apr. 25, 1972). The agreement entered into between the original mining right holder and the joint mining right holder to jointly manage and operate a mining business by registering it as a joint mining right holder is deemed valid, and the joint mining right holder is deemed to have entered into a partnership agreement, and the partnership is deemed to have entered into a transaction with a third party after the commencement of the business and the transaction with a third party is
In the case of the partnership agreement such as the partnership agreement, Supreme Court Decision 94Da7157 delivered on May 13, 1994, the union can only request dissolution, withdraw from the partnership, or remove other union members, and the union can not cancel the partnership agreement as in the general contract, and the other party can not be obliged to pay the obligation of recovery resulting from the cancellation of the partnership agreement.
(2) Each of the instant contracts is a membership agreement, and thus, the Plaintiffs cannot revoke it on the ground of mistake or rescind it on the ground of impossibility of performance. (2) The Plaintiffs, even if they are an organization under the name of an association under the Civil Act, establish rules that have the nature of an association with its own purpose.