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(영문) 의정부지방법원 2020.12.10 2020나203610
분담금반환 등 청구의 소
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the defendant's argument in the court of first instance, except for the addition of the arguments described in paragraph (2) below, and the fact-finding and judgment of the court of first instance are recognized as legitimate even if the evidence examined in the court of first instance

The reasoning of the judgment of this court is as follows: (a) under the second sentence of the judgment of the court of first instance, the plaintiff added "No. 18, 2016" to "the plaintiff," and (b) as stated in the reasoning of the judgment of the court of first instance, except for adding "the judgment of the defendant on the additional claim of second 2."

2. Judgment on the defendant's additional indictment

A. 1) Determination as to the Defendant’s assertion that it is impossible to cancel the membership agreement, the provisions of the Civil Act regarding the Defendant’s rescission of the alleged contract do not apply to the membership agreement (see, e.g., Supreme Court Decision 94Da7157, May 13, 1994). In the partnership agreement, such as the partnership agreement, a request for dissolution of the partnership, withdrawal from the partnership, or expulsion from the partnership, or expulsion from other partnership members, it is not possible to cancel the partnership agreement as in the general contract, and to bear the obligation to reinstate

(2) Since the instant membership agreement is a membership agreement, the Plaintiff cannot rescind the instant membership agreement on the ground that it is impossible to implement the agreement. (2) The Plaintiff is an organization with the name of an association under the Civil Act, even if it is an organization with a unique purpose and has an organization, such as setting up a rules with the nature of an association, and establishing a decision-making body and a representative who is an executive body, and the method of decision-making body or execution of business is carried out by the principle of majority, and regardless of changes arising from the membership, withdrawal, etc. of members, the organization itself remains in existence, regardless of the organization’s method of representation, operation of a general meeting

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