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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Defendant is a regional housing association established in order to carry out the F apartment construction project in the Da and E members in the Mosung City. On February 20, 2018, Plaintiff B joined as the members of each Defendant on February 23, 2018, and Plaintiff A, who entered into a contract with the Defendant and entered into with each of the parties (at the time, the committee for promotion of the C Regional Housing Association was the contracting parties at the time, and a contract was entered into in the name of the C Regional Housing Association in the name of the “C Regional Housing Association.” After the establishment of the Defendant, the content of the above subscription contract was succeeded as it is) that the Plaintiff would have paid the contribution to the project cost and transfer the ownership of each
B. The Plaintiffs paid KRW 23,000,000 as a partner’s contribution according to the above membership agreement.
(Plaintiff B paid KRW 2,00,000 on February 19, 2018, and KRW 8,000,000 on March 23, 2018, and Plaintiff A paid KRW 2,00,000 on February 23, 2018, and KRW 8,000,000 on February 28, 2018, and KRW 13,000,00 on March 23, 2018). [Grounds for recognition] There is no dispute; Party A’s evidence (including various numbers); the purport of the entire pleadings
2. Determination on the defense prior to the merits
A. The plaintiffs' assertion and the defendant agreed that "the plaintiffs shall withdraw from the defendant association and the defendant shall pay 15,000,000 won each to the plaintiffs until January 31, 2020, but the defendant shall not withdraw the appeal of this case where the defendant does not pay it." Accordingly, the defendant shall withdraw the appeal of this case, and therefore the defendant's appeal is unlawful.
B. Determination 1) Where the parties have agreed to withdraw an appeal but the written withdrawal of the appeal has not been submitted, the other party may assert it as a defense. In such a case, the appellate court shall, in principle, dismiss the appeal by deeming that there is no benefit in the appeal (see, e.g., Supreme Court Decision 2017Da21411, May 30, 2018). (ii) Each statement and pleading set forth in Evidence A Nos. 28 and 30 (including each number).