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(영문) 대법원 2017.03.09 2016다47478
매매대금반환
Text

The part of the lower judgment against the Plaintiff regarding statutory interest claim shall be reversed, and this part of the case shall be reversed.

Reasons

The grounds of appeal are examined.

1. According to the reasoning of the judgment of the court below and the reasoning of the judgment of the court of first instance cited by the court below, the court below acknowledged that since the resolution of the plaintiff clan on the conclusion of the sales contract of this case on the purchase of real estate owned by the defendant from the defendant is null and void, the sales contract of this case is null and void, and the defendant's claim against the defendant for the payment of 1.31.49 million won and legal interest thereon and delayed payment damages, the sales contract of this case is null and void for the reasons indicated in its reasoning. The defendant's following arguments, that is, the parties to the sales contract of this case are separate or similar organizations, and therefore, the plaintiff clan is not qualified, and therefore the resolution of the sales contract of this case is ratified at the ordinary meeting of the plaintiff clan on December 21, 2012, the plaintiff clan's assertion that the invalidity of the sales contract of this case goes against the principle of trust and good faith, and thus, it is not justified for the plaintiff's obligation to return the above part of the plaintiff clan's claim for repayment of this case's clan.

2. First, we examine the grounds of appeal by the Plaintiff clan.

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