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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Summary of the plaintiff's assertion
A. Defendant B, as the representative partner of the Plaintiff, D, and E Hospital Association established by Defendant C (hereinafter “instant association”), had a contact with the E Hospital building, which was operated by the said association on September 12, 2017, without undergoing the liquidation procedure despite having been sold on September 12, 2017 and it was impossible to perform the said association’s intended business, and therefore, Defendant B is obligated to pay the Plaintiff 2,186,036,042 of the remaining property of the said association and damages for delay.
B. As part of the claim for indemnity against the Defendants was seized and collected by F, G, and H, a partnership creditor of the instant association, KRW 69,569,560 (=F 5,806,980 G, H63,762,580) out of the Plaintiff’s benefits, the Defendants, a partner, are liable to pay each of the above collected amount equivalent to 1/4 of their share ratio, 17,392,390, and delay damages.
2. Determination
A. Where the association does not have any remaining business to dispose of the residual property when it is dissolved and only the distribution of the residual property remains, it is unnecessary to conduct a separate liquidation procedure. However, in other cases, since the residual property and its value to be distributed to the association members are finalized at the time of completion of the liquidation procedure, unless otherwise agreed by the association members, the association may not request the distribution of the residual property without completion of the liquidation procedure.
In full view of the overall purport of the arguments in Gap evidence Nos. 1, 2, 4, and 5, the association of this case was established to jointly open a hospital and jointly operate the hospital. The location of the real estate was transferred to a third party on September 12, 2017 due to the disposal of trust property, and the operation of the hospital was suspended for a considerable period of time. Defendant B and the defendant among the union members of this case.