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(영문) 서울북부지방법원 2019.10.10 2018나1894
잔여재산분배
Text

1. Revocation of the first instance judgment.

2. All plaintiffs' claims are dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

Reasons

1. The reasoning for this part of the facts of recognition is the same as the corresponding part of the judgment of the court of first instance, and thus, this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. Determination

A. The gist of the plaintiffs' assertion 1) Although the defendant association was dissolved and did not complete the liquidation registration, there is no remaining business of the remaining association, and only the distribution of the remaining assets of the defendant association remains. As such, the defendant association is obligated to pay the remaining assets distribution amount and interest in arrears in accordance with the plaintiffs' respective share ratio as stated in the purport of the claim. 2) As shown in the defendant association's assertion, as shown in the defendant association's assertion, the defendant association did not claim the distribution of residual assets (the same as the distribution method of residual assets of the Civil Act: if the association is dissolved: there is no remaining business and only the remaining business of the defendant association, which is the premise of applying the above method, can be distributed without the need for separate liquidation procedures, but only if there is no remaining business of the defendant association, which is the premise of applying the above method, the court of final appeal in this case (Supreme Court Decision 2017Da50440) has to accept the plaintiffs' claim for distribution of residual assets in the same way as the judgment of first instance

3 Even if the above decision of the court of final appeal is made, the remaining assets can be distributed only after the resolution of the general meeting of the defendant association.

AA, an acting agent of the Defendant Union, interferes with the fulfillment of the above conditions in a way that does not intentionally proceed with the procedures for the establishment of a resolution at the general meeting of the Defendant Union, which is a condition precedent for the distribution of residual property, and aims to use the property of the Defendant Union, such as its monthly pay, food expenses, and other expenses, and attorney fees.

Any interference with the fulfillment of the suspension conditions of the AA shall be entitled.

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