환급금 등 청구
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as stated in the corresponding part of the grounds of the judgment of the court of first instance, except for the addition of a part of the judgment of the court of first instance as stated below, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure
2. The part to be added to the 8th sentence of the judgment of the first instance, stating the following is added to the part “The plaintiff shall automatically lose the membership before the resolution of this case (Article 12(12) of the Rules of this case) and shall be deemed to have acquired the right to claim the repayment of the payment in accordance with the bylaws of this case.”
The defendant asserts to the effect that only the claim for the refund of the paid-in capital should be made based on Article 12(4) of the Rules of this case, the loss of membership becomes effective.
However, Article 12(2) of the instant protocol clearly provides that “A person who does not meet the requirements for membership under the relevant statutes and this Code shall automatically lose his/her eligibility as a cooperative member,” and Article 12(4) of the Code provides that “The payment of the balance remaining after deducting the amount paid as the promotion cost shall be made within 30 days from the date of the claim for refund is merely a determination of the due date for the obligation to refund the contribution, the Defendant’s allegation is groundless
(3) The Supreme Court Decision 2013Da71418 Decided September 10, 2015 (Supreme Court Decision 2013Da71418 Decided September 10, 2015) provides that the “joint contributions and refunds to be deducted” shall be determined at the final general meeting where the additional contributions of the association members are determined, and the time of refund shall be at the time of completion of the project.
“The effect of the resolution of the general meeting is already lost as a member before that time and does not extend to the member who has acquired the claim for repayment of the paid amount.