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(영문) 서울고등법원 2019.01.30 2018나2026350
부당이득금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for this part of the judgment of this court is as follows: (a) the "attached list" of 13 pages 17 of the judgment of the court of first instance shall be deemed as "attached Form 2"; and (b) the "Plaintiff 2 and the "11" of 22 pages 19 shall be deemed as "Plaintiff 2 through 6, 9, 11, 14, 16, 18, 20, 22, 23, 24, 26, 28, 28, 30, 32, 35 through 47, 49, 52 through 65, 67, 69 through 73, 75, 76, 78, 80, and 82"; and (c) the judgment of the court of first instance shall be deemed as "attached Form 2" as "attached Form 2"; and (d) the judgment of the court of first instance shall be cited as it is in accordance with Article 420 of the Civil Procedure Act.

2. The plaintiffs' assertion

A. The Plaintiffs are members of the instant association. As long as the instant sales contract was finally rescinded by the relevant civil judgment and DI was declared bankrupt, it is impossible to achieve the purpose of the said association’s business, this constitutes waiver or cancellation of the business stipulated in Article 27 of the Articles of Incorporation of the instant association (hereinafter “instant Articles of Association”). Moreover, as the distribution procedure for deposit money No. 9637, which is the only property of the instant association, was completed, the settlement of the said association’s property was also conducted.

Therefore, pursuant to Article 27 of the instant Articles of Incorporation, the Plaintiffs acquired a claim for refund of contributions corresponding to each money stated in the “claim for Refund of Contributions” column in the attached Table 2 list against the instant union.

Even if the claim for refund of contributions was not created due to the waiver or cancellation of the business of the instant cooperative, the Plaintiffs were to withdraw or be expelled from the instant cooperative, and thus, the claim for refund of contributions was created pursuant to Article 9 of the instant articles of association.

B. The defendant was selected as a member of the Emergency Countermeasure Committee of the instant association, and decided to operate the Emergency Countermeasure Committee at a higher level for the normalization of the said association, but on January 18, 2007, the defendant held an Emergency Countermeasure Committee on which he was selected as a member of the Emergency Countermeasure Committee from March 25, 2002.

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