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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning of the judgment of the court of first instance, which cited the same as that of the judgment of the court of first instance, is the same as that of the judgment of the court of first instance, except for the application of “2-B” among the grounds of the judgment of the court of first instance as follows. Thus, it is acceptable to
“B. Determination 1 on the Defendant’s argument” 1) The Defendant’s assertion as to the position of a person subject to settlement of cash is a person subject to settlement of cash as prescribed by Article 44(4)1 of the Plaintiff’s articles of incorporation upon filing an application for withdrawal with the Plaintiff on February 8, 2018. As such, the Plaintiff’s claim is a person subject to settlement of cash. As such, the Land Compensation Act (hereinafter “Land Compensation Act”).
(B) The Plaintiff’s articles of association provides that “a partnership shall settle in cash land, buildings or other rights within 150 days from the date following the end of the period for application for parcelling-out in cases where a partner falls under “a person who fails to file an application for parcelling-out,” or “a person who has withdrawn an application for parcelling-out,” etc.” (Article 44(4)); and “a partner shall enter into a parcelling-out contract within the period of concluding a contract for parcelling-out determined and notified by the partnership after the approval of the management and disposal plan, and Article 44(4) shall apply mutatis mutandis to cases where a partner fails to enter into a contract for parcelling-out.”
In light of the text and purport of the above articles of incorporation, a person who has withdrawn an application for parcelling-out under the above provisions refers to a person who became an object of cash settlement by withdrawing the application for parcelling-out before the expiration of the period of application for parcelling-out, and does not correspond to a person who voluntarily withdraws the application for parcelling-out after the expiration of the period of application for parcelling-out, and the partnership does not request the members to conclude the contract for parcelling-out within 30 days after