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(영문) 의정부지방법원 2020.10.22 2020나203320
계약금반환
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance except for adding the arguments in paragraph (2) below, and the fact-finding and judgment of the court of first instance are justified even if the evidence submitted to this court is added to the evidence submitted to this court

The reasoning of the judgment of this court is as follows, except for adding "2 February 22, 2017" to "the plaintiff" of the second 12th of the judgment of the court of first instance and adding "the judgment on the defendant's additional claim" to "the judgment on the defendant's additional claim" of the next 2th of the judgment of the court of first instance, and therefore it is identical to the reasoning of the judgment of the court

2. Judgment on the defendant's additional indictment

A. 1) Determination as to the Defendant’s assertion that it is impossible to cancel the membership agreement, the provisions of the Civil Act regarding the Defendant’s rescission of the alleged contract do not apply to the membership agreement (see, e.g., Supreme Court Decision 94Da7157, May 13, 1994). In the partnership agreement, such as the partnership agreement, a request for dissolution of the partnership, withdrawal from the partnership, or expulsion from the partnership, or expulsion from other partnership members, it is not possible to cancel the partnership agreement as in the general contract, and to bear the obligation to reinstate

(2) Since the membership agreement of this case is a membership agreement, the Plaintiff cannot rescind the membership agreement of this case for reasons of impossibility of performance. (2) The Plaintiff is an organization with the name of an association under the Civil Act, even if it is an organization with the unique purpose and has an organization, such as setting up a rules with the nature of an association, and establishing a decision-making body and an executive body, and the method of decision-making or execution of business is carried out by the principle of majority, and regardless of changes arising from membership, withdrawal, etc., the organization itself remains in existence, regardless of the organization's method of representation, operation of a general meeting or board of directors, etc., composition of capital, management of property

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