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(영문) 서울고등법원 2015.04.23 2014누64966
분담금 청구
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 16,270,928 and KRW 2,346,382 among them.

Reasons

Details of the disposition

In addition, the plaintiff's assertion is identical to the corresponding part of the judgment of the court of first instance (including relevant Acts and subordinate statutes of the court of first instance). Thus, it is accepted by Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

Judgment

The court's explanation on this part is identical to the corresponding part except for the modification of the 9th 20th 20 or lower of the judgment of the court of first instance as follows. Thus, this part is cited in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

(C) Even if the Defendant does not have an obligation to return retroactively the profits equivalent to the interest on the moving expenses, which the Defendant acquired before he loses his membership, as to the interest on the moving expenses from the date on which he loses his membership, the following circumstances revealed in the facts of recognition: (i) the Defendant’s payment of the interest on the moving expenses on behalf of the Plaintiff is premised on the Defendant’s status as a member; and (ii) the Plaintiff is not liable to pay the interest on the moving expenses from the date on which he loses his membership; and (ii) if the Plaintiff is exempted from the interest on the moving expenses after he loses his membership, the interest is ultimately imposed on the owner of the land remaining after the member’s membership; and (iii) it is reasonable to limit the Defendant’s possession of the interest equivalent to the interest on the moving expenses to the period during which he maintains his membership; and (iv) the interest on the loans after he loses his membership shall be borne by

Nevertheless, the defendant continued to pay the interest on the moving expenses even after August 1, 2012, which is the date when the plaintiff loses the status of the defendant's member, and the defendant is equivalent to it without any legal grounds.

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