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(영문) 부산고등법원 2015.12.23 2015나3631
구상금
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 of the court's explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except for the addition of "the part of the 6th judgment of the court of first instance" to "the part of the 6th judgment of the court of first instance" under the main sentence of Article 420 of the Civil Procedure Act. Thus, the court shall accept

Meanwhile, in the plaintiffs' assertion, the above assertion contains a resolution of a general meeting on the selection of a contractor, including the articles of association concerning dues and the loan of project costs, which can be seen as the "resolution of a general meeting" under Article 24 (3) 3 of the Urban Improvement Act. Thus, the argument that there was a resolution of a general meeting on the amount and method of collection of expenses under Article 61 of the Urban Improvement Act can be seen as being included in advance. We examine the legitimacy of the argument. On the other hand, Article 10 (1) 6 of the articles of association of the plaintiff union provides for "the duty of cooperative members to pay expenses, such as expenses for maintenance project, liquidation, dues, late interest and late interest losses," and Article 24 (3) of the Urban Improvement Act provides for "the duty of cooperative members to pay expenses" as the duty of cooperative members. However, the purport of Article 24 (3) of the Urban Improvement Act requires a resolution of the general meeting is to ensure that the association members' specific intent is reflected in the amount of expenses to be paid by the association members.

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