logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.10.12 2016나73702
마을재산 배분에 대한청구 요구
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. Basic facts

A. The Defendant sold a community hall (the site and building of Pyeongtaek-si) which is the property owned by the Defendant, around 2016, and decided to distribute the proceeds therefrom to the members of the Defendant Village Association.

B. On April 21, 2016, the Defendant notified the members of the public announcement stating that “The proceeds of the community hall were living together with his/her family in 1) B (D)” on June 1, 2016, and 2) The Defendant actively participated in various meetings of the D Village Association, village village communities, events of the village, etc., and 3) the members who have contributed to the development of the Village Council as the criteria for selecting members who have contributed to the development of the Village Council by cooperating with and supporting the raising of the Fund, and are to be distributed differently by each grade.

C. Article 7 of the Defendant’s rules provides for the qualification of members, and the specific contents are as follows.

Article 7 (Members)

1. The members of the general meeting shall be the householder of each household residing in Pyeongtaek-si B;

Provided, That where the head of the household is unable to become a member, the person designated by the head of the household from among adults in the relevant household shall be the member.

Provided, That in consideration of regional characteristics, the head of E school (resident registration) and the head of E school around Fri-ri-ri in consideration of regional characteristics shall be excluded from this member, and a list of members shall be established to clarify the qualification for membership.

2. A member shall lose his/her membership by moving from Pyeongtaek-si B;

Even if a member is disqualified under the preceding paragraph, if any pre-determined agreement exists, the right stipulated in the agreement shall continue to exist.

3. Where a person has transferred due to inevitable reasons, but has cooperated in the purchase of a community hall site or the building of a community center, he/she shall continue to exist membership after such transfer and continue to exist the rights of a member.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 16, Eul evidence 1 to 15, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion that the community hall, which is a community property, sold in 2016, and received KRW 330 million, shall be held by the village association.

arrow