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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The reasoning of the judgment of the court of first instance cited this case is as follows, except where the defendant makes an additional determination as to the assertion added or emphasized by the court of first instance as stated in paragraph (2). Thus, it is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
(except as to the primary argument that does not fall within the scope of the adjudication of this Court). 2. Additional determination
A. The Plaintiff’s claim for the refund of the instant contribution refers to the withdrawal from the position of the Defendant, a non-corporate group, as an employee of the Defendant. In order to withdraw from the non-corporate group, a resolution of the general meeting is required.
In addition, Article 12 of the Code of the defendant's union provides that even if a member notified of withdrawal, the decision of withdrawal shall be made by the general assembly or the council of representatives.
As such, unless the defendant makes a resolution to withdraw from the company by a resolution of the general meeting, it is impossible to arbitrarily cancel the agreement of joining the association of this case, and thus, it cannot respond to the plaintiff's request.
B. It is recognized that Article 12(1) of the Rules of the defendant's association provides that "a member shall not withdraw from an association at will: Provided, That where a member intends to withdraw from an association due to an inevitable cause, he/she shall notify the head of the association in writing 15 days prior to the withdrawal, and shall submit a written withdrawal from the association accompanied by a certificate of personal seal impression (for withdrawal from the association), and the head of the association shall decide whether to withdraw from the association by resolution of the general
In addition, regional housing associations, unlike general housing construction business operators, are non-corporate associations formed by association members through establishment act and partnership joining contract, and regional housing associations also have the substance as non-corporate association (see, e.g., Supreme Court Decision 97Nu2801, Jun. 26, 1998).