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(영문) 서울고등법원 2015.04.14 2014누70190
청산금지급
Text

1. All appeals by the plaintiffs and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. The reasoning for the court’s explanation of this case is as follows. The court’s explanation of this case is as follows: (a) the 7th judgment of the court of the first instance shall be accepted from the 9th to the 9 second judgment; and (b) the judgment of the court of the first instance is identical to the entry of the judgment of the court of the first instance except where the judgment of the plaintiffs on the plaintiffs’ claim is added to the following (c). Thus, it shall be cited as it is in accordance with Article 8(2)

2. It is reasonable to view that a partner can seek the return of the portion after completion of the resolution stipulated in Article 47 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Areas and Dwelling Conditions for Residents”) or the articles of association of the association only in cases where the partner becomes a person subject to cash settlement because he/she loses his/her membership and is no longer in the position of partner, and thus, a cooperative cannot impose or collect dues under Article 61(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and only in cases where the person subject to cash settlement stipulated in its articles of association, a resolution of its members’ general meeting, or an agreement between the cooperative and its members that the person subject to cash settlement should share a certain portion of the expenses for the rearrangement project that occurred before he/she loses its membership. Article 10(1)5 of the Defendant’s articles of association provides that “A partner shall not be subject to the imposition of a certain portion of the expenses for the rearrangement project, such as the cost for rearrangement project, the liquidation project, the amount and the late payment of the expenses.”

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