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(영문) 서울고등법원 2015.09.11 2014나42143
업무추진비 등 반환
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. Basic facts

A. The defendant union is a non-corporate body established by the small and medium enterprises located in the location of the Incheon Gyeyang-dong as the price of the 119th place of Gyeyang-dong, Gyeyang-gu, Incheon was redeveloped on April 2003.

The main contents of the articles of association of the defendant association prepared at the time are as follows.

Article 2 (Purpose) The purpose of this Union is to promote the revitalization of the regional economy by building the power and capacity of small and medium enterprises as part of the measures for resettlement of the development of a scenic farm, to improve the quality of life, to improve the quality of community service among members, and to combine with harmony with the intent of community service on the basis of exchange, cooperation and friendship among members.

Article 4 (Business) This Association shall carry out the following business activities:

(1) Purchase of land necessary for the purpose after the purchase of all the land by a member of the cooperative, (3) disposal of the part of land and acceptance of donation not necessary for the purpose after the purchase of all the land by the member of the cooperative, and (5) promotion of the project that has factories in a market economy as a trustee of the cooperative, with all the members of the cooperative, shall be purchased at the expense of the cooperative, as prescribed in Article 5 (Financial Affairs) (1) of the Promotion of Incidental Projects (Project for Handling cafeterias, Tools, and Raw Materials) after the construction of the complex.

(2) Operational funds to negotiate compensation for resettlements shall be appropriated for the expenses of the association paid by members.

(3) Expenses incurred until the selection of a substitute site shall be appropriated with membership fees, and the purchase funds shall be replaced with financial loans and the insufficient expenses shall be paid by the association members.

4. If any funds other than those mentioned above are required, it may be collected from members through a representative meeting.

Article 6 (Qualification for Membership) Partnership shall be a person who runs a business within a scenic farm and who has manufacturing, distribution, storage, or other business registration, or his spouse.

(including, but not limited to, a corporation);

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