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(영문) 부산고등법원(창원) 2017.05.25 2016나915
공사분담금 등
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of dismissal and dismissal as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Defendant C refers to “the network C” and “Defendant I” respectively to “the network I.”

1. The following parts shall be added to the end of “basic facts”:

A person shall be appointed.

C. The Defendant C, AD, AE, AF, and AG, who was a child, was dead on February 27, 2017, during which the lawsuit was pending in this Court, and the Defendant C, AD, AE, AF, and AG took over the proceedings of the deceased C.

The net I died on February 9, 2015, when the lawsuit was pending in the first instance court, and in this court, Defendant AH and AI taken over the lawsuit of the Network I.

[Judgment of the court of first instance, even though a party’s death, which is the cause of interruption of the litigation procedure, has been pronounced, it is unlawful in the process of excluding the legitimate assignee’s authority to participate in the lawsuit, but it cannot be deemed null and void as a matter of course. However, as in the case where a representative was not lawfully represented, a petition may be filed for revocation through an appeal or retrial on the ground of defects in the power of representation. In the case where a takeover is conducted in the appellate court, the above procedural defects are cured and the takeover and appeal are legitimate (see, e.g., Supreme Court Decision 9Da8971, Dec. 28, 199).]

2. Additional part (new argument by this court); and

A. On September 23, 2016, after the judgment of the court of first instance was rendered on the Plaintiff’s assertion, the judgment of the court of first instance, which dismissed the instant lawsuit on the ground that the Plaintiff’s lawsuit was filed without a general meeting of members, on the ground that the defect was cured by the resolution of the instant lawsuit seeking each of the costs, including the construction contributions under the instant construction contract, with the consent of 17 with the consent of a majority of the Plaintiff present at the general meeting of the said 19 members, among 34

(b) the criteria for determining the quorum for the first time.

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