1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

The first instance court.

1. The court's explanation on this part of the facts of recognition is identical to the corresponding part of the judgment of the first instance, except for the deletion of "O, 18, 201, 3, 3, 3, 420, 3, 420, 3, 420, 3, 420, 3, 420, 3, 420, 420, 200, 3,000.

2. Determination as to the cause of claim

A. The plaintiffs asserted that the real estate of this case is in the name of the prosperity meeting on the registry, but in substance, since the members owned their own stores, the additional loans from financial institutions due to the increase in the value of the real estate of this case should, as a matter of course, be distributed to each member according to the ratio of the size of each member's store. The defendant asserts that since the defendant received the instant settlement money from the prosperity account without authority, he is obligated to pay it to the plaintiffs.

B. First of all, we examine whether the plaintiffs have the right to claim the distribution of the raised amount against the prosperity.

Even if some of the members withdraw from a group, the property of an incorporated association still remains as owned by the incorporated association, and even if the members of a prosperity meeting are changed, the prosperity still remains while maintaining its identity, and since the rights and obligations of members are determined in accordance with statutes and the articles of incorporation, the raised amount in this case should be attributed to the statutes and the articles of incorporation.

According to the above facts of recognition, the prosperity amended the articles of incorporation in the temporary general meeting of members on July 16, 2010, and paid the settlement amount according to the "which is determined by the resolution of the general meeting, but is disqualified when a member voluntarily withdraws," and the rights and duties of the member upon voluntary withdrawal shall be extinguished at the same time as the settlement amount is received.

(Articles 6(3) and 9(3) of the amended Articles of Incorporation. However, as seen earlier, the Plaintiffs are included.