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(영문) 부산고등법원 2020.01.09 2018나59338
부당이득금
Text

1. The defendant's appeal is all dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning for the court's explanation of this case is that the court of first instance excludes the fact-finding results of each fact-finding with respect to Eul's evidence submitted additionally by this court, which is insufficient to recognize the defendant's assertion, and the Ulsan Metropolitan City, Southern Metropolitan City, Dong-gu, Ulsan Metropolitan City, Ulsan Metropolitan City I Dong-dong, and Jdong, and it is identical with the reasoning of the judgment of the court of first instance, except where the defendant adds the following judgment as to the assertion added by this court, and thus, it cites it by the main text of Article 420 of the Civil Procedure Act.

2. Additional determination

A. (1) On October 15, 2017, at the Defendant’s general meeting held on October 15, 2017, the Defendant revised the period at which the paid-in capital, which was settled, was paid to a person who lost his/her membership, as “the time of

In addition, on November 5, 2017, the supply contract which was resolved at the general meeting of the defendant at the general meeting of the defendant stipulated that the supply contract shall prevail in cases where the contents of the supply contract conflict with those of the partnership agreement, and that the supply contract shall provide that the defendant may deal with the cancellation, termination, and expulsion after the highest notice, and that the defendant did not express his/her intent to cancel, terminate, or remove the contract to the plaintiffs.

Therefore, the defendant cannot comply with the plaintiffs' request.

(2) The Plaintiffs, even though they were not eligible for membership at the time of joining the Defendant Cooperative, were falsely reported to become a partner or become a partner, and thereafter intentionally disqualifications (acquisition of a house by a household member who does not actually live together) under the Act, or were temporarily disqualified under the Enforcement Decree of the Housing Act. As such, the Plaintiffs still maintain the qualification of the Defendant Cooperative member and are obliged to pay the shares of the Defendant Cooperative in addition

B. (1) Determination (1) Article 12(2) of the instant provision is automatically made to the qualification of a person who does not fall under the qualification of a union member under the relevant statutes and the instant provision.

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