logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.05.19 2016누35504
기타(기타 도시정비)
Text

All appeals by the plaintiffs are dismissed.

The costs of appeal are assessed against the plaintiffs.

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

Reasons

1. The court's explanation concerning this case is to correct "in the name of a named person" as "in the name of a named person" as stated in Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, except for the addition of the judgment in the court below as follows. Thus, the court's explanation concerning this case is to accept it as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article

2. The Plaintiffs asserted that “The amount loaned by the instant association from the Korea-Japan Public Corporation was used for the operation of the association and the implementation of the project, and the Defendants agreed that the association members bear all business-related expenses equally, and the association’s articles of association also have the obligation to pay expenses, such as the cost of the rearrangement project and the settlement money, and the association members shall share the union’s obligations according to the ratio of their respective rights when the association is dissolved. Therefore, the Defendants have the obligation to share the above loan obligations with respect to the Korea-Japan Public Corporation.”

The above assertion made by the plaintiffs in this court is not different from the contents of the plaintiffs' claim in the first instance court, and the decision of the first instance court rejecting the plaintiffs' claim is justified even if all the evidences submitted in the first instance court were examined (On the other hand, the plaintiffs asserted that the union of this case is in the state of not performing actual activities and that there is a special circumstance that the union members are obligated to pay the borrowed money according to their respective shares of shares, even without the procedures of the union members' general meeting, since it is not possible for the union members to hold a general meeting and set the shared amount of the borrowed money. However, the general meeting of union members asserts that the union members to settle the assets and liabilities of the union and to determine the shared amount of the union members through the consent of the union members. However, the above argument

arrow