logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.11.16 2017나301139
구상금
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The court's explanation of this case by the court of the first instance is consistent with the reasoning of the judgment in the first instance except for the following cases: (a) 5 to 6, 3, of the first instance judgment; and (b) 420 of the Civil Procedure Act is cited by the main text of Article 420 of the Civil Procedure Act.

[1] Where the association is dissolved due to the achievement of the purpose of the association's legal principles, etc., there is no remaining business of the association to separately dispose of its residual property; Provided, That where only the date of distributing its residual property remains, each association member may, without undergoing separate liquidation procedures, immediately request the association member who has residual property in excess of the distribution ratio within the scope of his/her residual property distribution ratio to divide his/her residual property.

Thus, if the collection of claims or the repayment of obligations that have been jointly reverted to a union is not completed, the collection of claims or the repayment of obligations should, in principle, be jointly performed by all union members. Thus, barring special circumstances where the fair distribution of residual assets is possible among union members even though the collection or repayment has not been completed, it shall be deemed that the association constitutes a remaining business to be handled, and in such case, it shall not be allowed to seek the distribution of residual assets without undergoing the liquidation procedure.

In addition, a claim for distribution of the above remaining property that a partner immediately remains without going through the liquidation procedure against another partner at the time of dissolution of the partnership is allowed only to the extent of the portion exceeding the distribution ratio only when the partner who is the other party to the claim owns the remaining property in excess of the distribution ratio. Thus, in order to enable such a claim for distribution, the details of the whole remaining property of the partnership, the legitimate distribution ratio, and the present status

arrow