잔여채무분담금청구
1. The plaintiff's appeal is dismissed.
2. The lawsuit on the ancillary claim added at the trial shall be dismissed; and
3...
1. The reasoning of the court's explanation concerning this case is as follows: "3. Determination on the merits of the judgment of the court of first instance from 8 to 9.18 of the judgment of the court of first instance" is as stated in Paragraph 2, except for addition to Paragraph 3, the determination on the conjunctive claim added in the trial of first instance is as stated in the reasoning of the judgment of the court of first instance. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Judgment on the primary cause of the claim
A. In case of dissolution of redevelopment partnership due to revocation of authorization, determination as to whether partners share liquidation money can be made 1) Housing Redevelopment partnership as an incorporated association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).
Except as otherwise provided in Articles 18 and 27 of the Civil Act, the provisions pertaining to incorporated associations under the Civil Act shall apply mutatis mutandis mutatis mutandis to the liquidation of incorporated associations (Article 18 and 27). However, in cases where the property of an incorporated association is insufficient to fully satisfy its obligations, the Civil Act requires a liquidator to file for bankruptcy (Article 79 of the Civil Act), and does not require a redevelopment association to pay the obligations to its members who are legal entities separate from the incorporated association. (2) In addition, if the redevelopment association can seek to pay the remainder of obligations to its members, it would result in imposing liability on its members even though it does not choose membership due to the obligatory membership system, and thus, it goes against the principle of its own responsibility. (2) Where the redevelopment association is in progress and construction is completed, members are entitled to become cash clearing without being sold in lots (Article 47 of the Urban Improvement Act). In this case, in principle, members are not required to bear charges, etc. arising from the partnership project cost (see Supreme Court Decision 2013Du19486, Dec. 24, 2019).