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(영문) 서울고등법원 2016.05.19 2015나2052082
청산금 반환청구의 소
Text

1. Of the judgment of the court of first instance, the part against the Defendants shall be revoked, and the Plaintiffs’ claim corresponding to the revoked part shall be revoked.

Reasons

1. Basic facts

A. Status of the parties and conclusion of the instant contract 1) D Joint Building Project (hereinafter “instant association”)

(2) The Corporation shall construct a primary complex apartment on the E and F ground owned by its members (hereinafter referred to as the “instant construction”).

(2) After the establishment of the instant association, Defendant A served as the president of the instant association, Defendant C as the standing director, and Defendant B as an auditor. After the dissolution on May 28, 2010, Defendant A served as the chairman of the Liquidation Committee, Defendant C as the liquidation commissioner, and Defendant B as an auditor.

3) The instant cooperative is a Co., Ltd., Co., Ltd., Ltd. (hereinafter “Coul construction”) on November 15, 2006.

3) A contract under which the instant construction project is contracted to the Plaintiff (hereinafter “instant contract”).

B. B. The completion of the instant construction and the dissolution of the instant association) Cululul Construction completed the instant construction and obtained approval for use on July 24, 2009, respectively, paid apartment units to the members of the instant association including the Plaintiffs.

2) Members of the instant association held a general meeting of dissolution on May 28, 2010 and passed a resolution to dissolve the instant association. The Defendants, at the general meeting of dissolution, reported the financial status of the instant association as of December 31, 2009 and the profit and loss calculation from January 1, 2009 to December 31, 2009 to the members of the instant association, including the Plaintiffs, to the members of the instant association. (iii) at the general meeting of dissolution, the members of the instant association, including the Plaintiffs, made a resolution to appoint Defendant A as the chairman of the Liquidation Committee, the Defendant C, and the Defendant B as the auditor, and delegated the liquidation committee with the resolution to the liquidation committee, such as the collection and repayment of claims, the disposal of residual assets, and the settlement of comululing construction and the settlement of profits.

4) The instant association reported the closure of business on December 31, 2010. C. Article 9 of the instant association’s bylaws (the rights and obligations of members).

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