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(영문) 서울고등법원 2018.11.29 2018나9540
구,신림배드민턴클럽 소멸확인
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. Acknowledgement and conclusion of the first instance judgment

A. The reasoning of the judgment of the court of first instance (such as law, precedents, interpretation and application of legal principles, recognition of facts and facts requiring proof, determination of issues, etc.) is sufficiently reasonable as a result of determining issues in accordance with the appellate court’s method and principle, law, precedents, legal principles, and evidence based on the litigation materials and arguments submitted to the appellate court citing the judgment of the court of first instance

The reasoning of this Court concerning this case is as stated in the part of the judgment of the first instance except for further determination as to the grounds for appeal of the plaintiff, as set forth in paragraph (2) below, and as to the grounds for appeal of the plaintiff, as set forth in paragraph (3) below. Thus, this Court cited the summary thereof as it is in accordance with the main sentence

B. Thus, the plaintiff's claim shall be dismissed as it is without merit.

The judgment of the first instance is just based on the conclusion, and the plaintiff's appeal is dismissed as it is without merit.

[In addition, the following general opinions are added. The Plaintiff appears to have brought the instant lawsuit on the premise or purpose of seeking confirmation of the only legitimacy of “a new club” as an existing member. In light of civil law or evidence relations, it is difficult to accept the Plaintiff’s claim (a claim to pay money belonging to the Defendant to a separate organization) and the Plaintiff’s purpose, etc. is desirable by other procedures and methods. In addition, if the Plaintiff’s pursuit is verified or recognized to have the right to move into the instant sports center, administrative litigation, etc. against the competent administrative agency or institution regarding the operation of the instant sports center is an effective and appropriate means. Furthermore, it is desirable to seek or consult with each other in order to seek other measures to provide a space in which a person who love the worship can continue to engage in an election campaign.”

2. From 3rd to 20th of the judgment of the court of first instance, the part to be tried.

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