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(영문) 서울고등법원 2015.12.11 2015나10464

명의개서

Text

1. Claim for damages against property in the judgment of the first instance, including incidental appeal and claims reduced at the trial after remand.

Reasons

1. After the remanding of the case, Plaintiff A and F claimed the return of the membership fee for reasons of the withdrawal from the first instance court, damages for property due to nonperformance of the obligation to treat the members, and the Plaintiff B, C, D, E, G, H, I, and J claimed property damages and consolation money due to the transfer of holders and the issuance and delivery of membership certificates, nonperformance of the obligation to treat the members. The first instance court accepted the Plaintiff B, C, D, E, G, H, I, I, and J’s transfer of holders and their issuance and delivery of membership certificates, and the Plaintiff A and F’s request for the return of membership fees. The court dismissed the entire portion of the damages for property as part of the Plaintiffs’ claims (=2,880,000 won for property damages).

Accordingly, the part against the Defendant was appealed, and the Plaintiffs filed an incidental appeal, extended the amount of damages for property from the original KRW 28.8 million to KRW 35,901,843, and withdrawn the part of the claim for consolation money (e.g., withdrawal), and on the other hand, the Plaintiffs B, C, D, E, G, H, I, and J changed their respective lawsuits on the basis of the transfer of holders and the request for issuance and delivery of membership cards.

(A) In the judgment of the court of first instance, the claim for consolation money and the claim for issuance and delivery of membership cards were invalidated. The judgment prior to remand fully accepted the claim for refund of membership fees of the plaintiffs, including the claim for exchange change, and partly accepted the claim extended from the trial prior to remand and dismissed the remainder of the claim.

The only defendant appealed against the judgment of the court before remanding the case, and the Supreme Court reversed and remanded only the part of the damages against the defendant in the judgment of the court before remanding the case, and thereafter the plaintiffs reduced their claim for property damages.

Therefore, the plaintiffs' claims of this case are pending.