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(영문) 서울고등법원 2020.05.14 2018나2043584
분배금
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiffs' claims against the above revoked part are dismissed.

Reasons

1. The reasoning of the lower court’s acceptance of the judgment of the first instance is as stated in the reasoning of the first instance judgment, except for cases of cutting, deleting, or adding as follows. Thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary or deleted parts] The 5th page of the judgment of the court of first instance "U Self-Governing Council" in the 5th page of the judgment of the court of first instance shall be incorporated into "V Self-Governing Council".

The 6th of the first instance judgment "Defendant D" in the 7th of the first instance judgment shall be applied to "Plaintiff D".

"In accordance with the sales contract of this case" in the 6th judgment of the first instance, the 11 and 12th judgment shall be deleted.

Under the 6th judgment of the first instance, the 3rd judgment “Plaintiffs” shall be added to “Plaintiffs”.

The following shall be added to the 7th page of the first instance judgment:

“1) The Plaintiffs, on February 9, 2009, voluntarily withdraw from the Defendant upon the establishment of a V self-government conference, a separate organization with the same objective as the Defendant, and its members implicitly and explicitly withdraw from the Defendant. Accordingly, the Plaintiffs cannot claim the instant shares pursuant to the second and second resolutions.

"(1)" in Part 7 of the judgment of the court of first instance 9, i.e., "(1)", even if the voluntary withdrawal of the plaintiffs is not recognized, the plaintiffs shall be decided as "(2)". The plaintiffs in Part 7, 17, i.e., "(2)" in the judgment of first instance are decided as "(3) even if the voluntary withdrawal of the plaintiffs is not recognized," and the plaintiffs shall be decided as "(7)," respectively.

The following shall be added to the 10th judgment of the first instance, the 16th judgment:

C. On February 9, 2009, the fact that those who oppose the implementation of the instant development project led by N, including the plaintiffs, established a separate organization called V-Autonomous Council around February 9, 2009, as seen earlier. According to the evidence No. 6, Article 2(2) of the V-Autonomous Council’s Rules provides that “The V-Autonomous Council succeeds to Defendant 5, which was composed of the previous 75 households.”

“The fact prescribed for the purpose is recognized.”

However, the above facts are only true.

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