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(영문) 대법원 2019.08.09 2017다223262
잔여채무분담금청구
Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

The court below rejected the main claim on the ground that Article 63 and Article 10 of the articles of association of the Plaintiff Union cannot be deemed to be a provision that imposes the remaining obligations of the association on the union members until the association is dissolved due to revocation of the authorization to establish the association, and since the authorization for establishment of the Plaintiff Union was revoked, the principal claim cannot be imposed on the union members pursuant to Article 34 of the articles of association. On the other hand, it is necessary to pass a resolution at the general meeting of the union members to seek the payment of contributions to the union members, and as long as the liquidation procedures of the Plaintiff Union do not go through, it cannot be deemed that all the remaining property after

Examining the reasoning of the lower judgment in light of the relevant legal principles and records, the lower court’s determination that partially inappropriate for the Plaintiff’s claim is acceptable. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine regarding relationship between the redevelopment association and its members, interpretation of the articles of association, lawsuit to perform in the future, etc., or by violating Articles 11, 23(1), and 37(2) of the Constitution, or by

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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