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(영문) 서울고등법원 2019.10.02 2018나2066174
채권조사확정재판에 대한 이의의 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 grounds for admitting the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if evidence and the result of pleadings submitted in the court of first instance were to be seen, the plaintiffs' primary claims are dismissed, and the judgment of the court of first instance dismissing the part of the plaintiffs' preliminary claims in the lawsuit of this case is justified.

Therefore, this court's reasoning, including the allegations and evidence of the parties added in the trial, shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, as it is stated in the reasoning of the judgment of the first instance, except for the further determination by supplementing the reasoning of the judgment of the first instance as stated in the following

2. Additional determination

A. The plaintiffs asserted that the membership fee return claim based on the status of the members of a resort complex cannot be deemed extinguished, solely on the fact that the plaintiffs completed the registration of ownership transfer for each of the forest housing, since the plaintiffs can be deemed to have actually sold the forest housing and land to the members of a resort complex including the plaintiffs through the instant conference and the instant agreement, the members of a resort complex have the right to exclusive use of the forest housing and to use other facilities owned by the defendant, and at the same time they have the status of de facto buyers of the forest housing and the site. However, the above argument cannot be accepted in full view of the language and text of the instant association rules and agreements (Evidence A 2 and 3) and the following circumstances revealed through objective interpretation. In other words, the instant association rules, which are the basis of regulating the relationship between the plaintiffs and the defendant, have the right to exclusive use of the forest housing (forest housing) and the right to use the forest housing and the site (Article 4(1)7).

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