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(영문) 서울고등법원 2020.07.08 2019나2050367
아파트인도 등 청구의 소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. 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 reasoning of this judgment by the court of first instance is as follows, in addition to the corresponding parts of the judgment by the court of first instance, the reasoning of this judgment is as stated in the reasoning of the judgment by the court of first instance. Therefore, it shall be cited including summary and attached documents pursuant to the main sentence of Article 420 of the Civil Procedure Act.

(However, the part of the co-Plaintiffs in the first instance court other than the plaintiffs is excluded). [the part in height] [the part in height] the defendant's "Defendant" in Part 5 of the first instance court's decision in Part 19 shall be deemed to be "AC" and the defendant's "the defendant" in the 20th instance judgment shall be deemed to be "the defendant".

Part 11 of the decision of the first instance court is "the defendant" in Part 11 of the decision of the first instance, and the "the defendant" shall be "the non-party union".

The following shall be added between conduct 13 and 14 of the judgment of the first instance.

As to this, the Plaintiff asserts that the Defendant and the Nonparty Union have the nature of a partnership under the Civil Act, and that the rules of a partnership concluded with the Nonparty Union constitutes an act of managing an association between the Defendant and the Nonparty Union, and thus, the said rules of a partnership also affect the Defendant. However, the Defendant, a registered manager, who jointly carries out a housing construction project, is an organization similar to a partnership under the Civil Act

(1) The court of first instance rendered a judgment on the grounds that the evidence submitted by the Plaintiff alone is insufficient to acknowledge the above circumstances, and there is no other evidence to acknowledge it. It is difficult to view that the non-party association, which is a regional housing association, has a direct effect on the Defendant. The Defendant and the non-party association agreed to perform the obligations of the non-party association members, or that the non-party association’s establishment of such rules can be seen as an act of performing duties of the pertinent association (see, e.g., Supreme Court Decisions 2005Da52214, Dec. 13, 2007; 2009Da47432, Oct. 29, 2009).

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