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All appeals are dismissed.
All of the plaintiffs and the defendant's requester for taking over the proceedings.
Reasons
1. The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
As to the grounds of appeal Nos. 1 and 2, the court below determined that since the Defendant failed to perform his/her duty as stipulated in the sale offer of this case and on his/her behalf of the Defendant in an amount equivalent to KRW 25,225,64,584 in total due to the repayment of the obligation to cancel the right to collateral security, refund of the lease deposit, payment of moving expenses for tenants, etc., the Defendant’s claim for indemnity against S acquired by subrogation as an automatic claim shall be offset against the Defendant’s claim on an equal amount with S’s loan claims against the Defendant, the above assertion shall be accepted, first of all, with the validity of the sale offer of this case and the obligation of S to perform the obligation stipulated in the sale offer of this case. The court below held on May 18, 2007 that since the sale offer of this case was concluded between the Defendant’s association head and U.S. head on March 28, 2007, it could not affect the Defendant.
In light of the relevant legal principles and records, the above determination by the court below is just, and there is no error of law by misapprehending the legal principles as to the requirements for the occurrence of claim for reimbursement due to subrogation and the subject of reversion of obligation
Among the grounds of appeal on this part, the Defendant’s assertion that the Defendant constituted an entity of a non-corporate association by holding an inaugural general meeting on December 17, 2005 is the first time in the supplemental appellate brief that was not asserted by the fact-finding court after the expiration of the period for submitting the appellate brief, and thus, it cannot
(2) The lower court, based on its stated reasoning, explicitly ratified the instant trade undertaking at its inaugural general meeting, or U.S. at its inaugural general meeting.