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(영문) 인천지방법원 2016.12.22 2016나58782
잔여채무분담청구
Text

1. The plaintiff's appeal is all dismissed.

2.The action for the preliminary claim added at the trial shall be dismissed.

Reasons

1. The reasoning of the court's explanation concerning this case is that the part of "the determination of the main cause of claim" from 11th to 16th 5th 5 of the judgment of the court of first instance as stated in Paragraph 2, and that the judgment of the main cause of claim is identical to that of the judgment of the court of first instance, except for addition of the determination of the main cause of claim added in the court of first instance as stated in Paragraph 3, and therefore, it is acceptable in accordance with the main text of Article 420

2. Judgment on the primary cause of the claim

A. At the time of dissolution of redevelopment association due to revocation of authorization, the provisions governing incorporated associations in the Civil Act shall apply mutatis mutandis, except as otherwise provided in the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Act”). However, the Civil Act only allows a liquidator to file a petition for bankruptcy (Article 79 of the Civil Act), and does not require a legal entity to pay obligations to its members, who are separate legal entities from the legal entity (Article 79 of the Civil Act). In addition, if the redevelopment association can seek a share of the remaining obligations to its members, (i) if the redevelopment association imposes liability on its members due to the act of the association, even if it fails to select its members as a per se, it goes against the principle of self-responsibility.

② When construction is completed as a result of the progress of a rearrangement project, partners are entitled to become cash clearing agents without being sold in lots (Article 47 of the Act). In such cases, in principle, they do not bear charges, etc. arising from the partnership project cost (see Supreme Court Decision 2013Du19486, Dec. 24, 2014). If partners waive a project in advance because there is no economic feasibility, etc. in the rearrangement project, if they give up the project in advance, they are more unfavorable than the case where construction is completed by leaving the project in progress.

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