[1] Where there are several general partners, the method of disposing of or changing the partnership property as an execution of special affairs

[2] The case holding that the transfer of claims by a resolution of a majority of the board of directors of a union is valid, where the claims which are the property of the union are transferred to another person by a resolution of the board of directors of the union, where the officers of the union are the general partners of the union and the transfer of claims

[1] An act of disposing of or changing the property of a cooperative constitutes a special affairs of a cooperative, unless there are other special circumstances. If there are several general partners, the execution of a special affairs which do not fall under the ordinary affairs of a cooperative shall be decided by a majority of general partners in principle pursuant to Article 706 (2) of the Civil Code

[2] The case holding that the transfer of bonds by a resolution of the board of directors of a union is effective for the reason that the executive officers of the union are the executive members of the union and the transfer of bonds is the disposal of the assets of the association corresponding to the special affairs of the union

[1] Articles 272 and 706 (2) of the Civil Act / [2] Articles 272 and 706 (2) of the Civil Act

[1] Supreme Court Decision 95Da30345 decided Mar. 13, 1998 (Gong1998Sang, 996)

Suwon Consulting Co., Ltd.

Defendant 1 and one other (Attorney Yu-gil et al., Counsel for the defendant-appellant)

Seoul High Court Decision 99Na65235, 65242 delivered on May 3, 2000

The part of the lower judgment against Defendant 1 is reversed, and that part of the case is remanded to the Seoul High Court. The Plaintiff’s appeal against Defendant 2 is dismissed. The costs of appeal between the Plaintiff and Defendant 2 are assessed against the Plaintiff.

1. Determination on the appeal against Defendant 1

In addition to the above new construction agreement, the court below held on November 12, 1999 that the Korea Land Development Corporation (the name was changed to the Korea Land Corporation)'s new construction of the land within the Seoyang-gu Housing Site Development Zone and that the new construction of the commercial building on the ground of the size of 2nd underground and 7th above (the "the commercial building of this case" below)'s new construction of new construction of the commercial building for the purpose of selling or leasing the land to the association members. The court below held a meeting of 106 and 107 shares of the association's new construction of the land of this case and decided that the new construction agreement of the association's new construction of the land of this case should be null and void if the association's new construction of the land of this case and the new construction agreement of this case should be approved by all members of the association without the consent of the general meeting of the union members of this case. The court below held that the right of the association to sell the land of this case and the new construction agreement of this case should be decided to the defendant.

However, in this case, the articles of association stipulate the kinds, number of executives, appointment procedures, and official authority of the association. The president of the association shall be the president of the general meeting on behalf of the association and shall exercise all rights and duties following the conclusion of land contracts, such as the right to select and apply for land, the right to enter into contracts, payment of land prices, and consent to use land (Article 10(1) of the articles of association), the right to apply for construction permission, the right to apply for change of the association members, and other matters stipulated in the articles of association execution terms and conditions (Article 10(3) of the articles of association). The association's association composed of executives and the general meeting shall take partial or partial charge of construction expenses of the association, and the method of executing affairs of the association's general meeting shall be determined by the resolution of the general meeting (Article 10(3) of the articles of association and the method of executing affairs of the association's general meeting, unless special circumstances exist, to the extent of distributing the association's bonds to the 3rd general meeting.

Nevertheless, the court below held that the transfer of the claim of this case by the resolution of the board of directors of the association of this case is null and void when the association of this case transfers the claim of this case, which is the property of the association of this case, to the plaintiff, the consent of all union members is required or at least a resolution of the general meeting of union members is passed, and the above requirement is satisfied. Accordingly, the court below erred in the misapprehension of the rules of evidence or the legal principles on the operation of the

2. Determination on the appeal against Defendant 2

The court below acknowledged the fact that Defendant 2 transferred the store of this case 601 to 604 among the commercial buildings of this case under the pretext of receiving the claim for construction cost of KRW 518,453,00 against the union of this case and completed the registration of ownership transfer in its name. The court below held that the plaintiff's assertion that the union of this case did not pay the above construction cost to the above defendant by the transfer of the above store, but did not accept the above construction cost of the above defendant as the sale price of this case, and that the above defendant agreed to accept the store of this case as the sale price of the above 587,456,000 won and to pay the above sale price of this amount of KRW 69,03,00,000, which is the difference between the above sale price and the construction cost of this case, is just

3. Conclusion

Therefore, the part of the judgment of the court below against Defendant 1 is reversed, and this part of the case is remanded to the court below. The plaintiff's appeal against Defendant 2 is dismissed, and the costs of appeal between the plaintiff and Defendant 2 are assessed against the losing party.

Justices Zwon (Presiding Justice)