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(영문) 대법원 2015.09.10 2013다71418

분양대금반환

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

For the reasons indicated in its holding, the lower court rejected the Defendant’s assertion that: (a) in the instant partnership agreement and each of the instant agreements, the portion on the refund of contributions due to the forfeiture of membership becomes void upon the enactment of the partnership agreement; and (b) in the refund of contributions, the effect of the instant resolution that “the joint contributions and the refund to be deducted shall be determined at the final general meeting fixed by the members’ additional meeting, and the time for the refund shall be determined at the time of completion of the project; and (c) prior to the effect of the instant resolution, the Plaintiff has already lost its membership status and the right to claim the refund of the contributions shall not be extended to the Plaintiff who acquired the right

The judgment below

In light of the relevant legal principles and records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors of misapprehending the legal principles as to the interpretation and validity of Article 12 of the Rules of the Association of this case, the validity of the resolution of this case, the joining agreement of this case, and the interpretation and validity of

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.