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(영문) 전주지방법원 2019.11.21 2018나10480
약정금
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment of the following 2 as to the defendant's assertion added to this case. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420

2. Additional matters to be determined;

A. First of all, the defendant asserts that the agreement of this case entails the disposal of the defendant's clan's property, so it does not go through a resolution of the board of directors and the general meeting pursuant to Article 9 (4) and Article 10 (3) of the defendant's clan. Thus, the agreement of this case is invalid.

The clan of the Dolsan constitutes a non-corporate body under the Civil Act, and Articles 275 and 276 (1) of the Civil Act provide that the management and disposition of collective property shall be governed by the articles of incorporation or regulations, if any, and shall be followed by a resolution of the general meeting of members unless stipulated by the articles of incorporation or the regulations. Thus, the management and disposition of collective property without such procedures shall be null and void. However, the management and disposition of collective property under the above Article 27 refers to the act of using or improving the collective property itself or the act of disposing of legal history, and it shall not be deemed that the simple act of bearing debt, which does not comply with the management and disposition of collective

(See Supreme Court en banc Decision 2004Da60072, 60089 Decided April 19, 2007, and Supreme Court Decision 201Da107900 Decided April 12, 201, etc.). According to the health care unit and evidence No. 10, according to the Defendant’s final constitution, the Defendant’s resolution on “matters concerning the acquisition, disposal, and disposal of major properties” is acknowledged, and the fact that Article 9 subparag. 4 and Article 11 subparag. 5 stipulate that the “resolution on the acquisition, disposal, and disposal of properties” shall be subject to the resolution of the board of directors (Article 9 subparag. 4 and Article 11 subparag. 5).

However, as seen earlier, the instant agreement is executed between the Plaintiff and the Defendant, and between the Plaintiff and the Defendant.

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