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(영문) 부산고등법원 (창원) 2021.01.14 2020나12571
조합원지위부존재확인등
Text

upon request by this court for a change in exchange:

A. The plaintiffs are not members of the defendant's association.

Reasons

1. Basic facts

A. The reasoning for this part of the judgment of the court of first instance is as follows, and the corresponding part of the judgment of the court of first instance is as stated in the corresponding part of the judgment of the court of first instance, except for the dismissal as follows. Thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. The 2nd sentence of the first instance judgment of the part used or added by this court "the same number" in the 15th sentence of the second instance judgment of the same part shall be added to "the contributions of members under the same number".

The second page of the judgment of the court of first instance shall be replaced by the following table:

On March 14, 2015, the Plaintiff’s subscription date / 1, the amount to be paid to the members of the Plaintiff’s association for housing type KRW 168,00,000,000 in E E 59 square meters 25,000,000 on April 10, 2015, and KRW 30,500,000 in F 79 square meters on April 10, 2015, the Plaintiff submitted the Plaintiff’s evidence No. 4 that “I” was transferred from the agricultural bank account in the name of “I” to the Defendant’s side. However, the Defendant did not specifically dispute the Plaintiff’s assertion that the amount paid to the Defendant’s side is KRW 30,50,000,00 in terms of KRW 30,50,00 in terms of the amount paid to the Defendant, and thus, the Defendant did not dispute the Plaintiff’s claim from the first instance through this court to this court.

The following provisions shall be added between the conduct 18 and conduct 19 of the first Schedule No. 3 of the judgment of the first instance:

(B) Bags for inserting letters in a box

3. In the event of deprivation of membership or ex officio expulsion or withdrawal from membership pursuant to paragraphs 1 and 2 of this paragraph, the remaining amount after deducting 10% of the partnership dues shall be refunded, and the time of refund shall be the refund key when a new union member or a general purchaser is replaced with a refund (sale price) and the other procedures for refund shall follow the order set forth in the “A”.

In addition, with respect to the contributions under Article 7 until the due date, "A" and the guarantee of construction works for a financial institution, the obligation to pay interest on the loan to the financial institution shall be "B", and if there is a unpaid contribution by the due date, it shall be applicable.

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