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(영문) 서울고등법원 2021.02.02 2019나2056020
부당이득금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

The purport of the claim and the purport of the appeal.

Reasons

1. On April 5, 2013, Plaintiff A, C, and Plaintiff D’s husband H (hereinafter “five persons, including Plaintiff A,” hereinafter referred to as “five persons”) entered into an agreement with the Defendant on Apr. 5, 2013 that “The Defendant provided multi-unit housing to each of the five owners, including Plaintiff A, who was separately owners of each of the multi-unit housing on the land other than Seocho-gu I, Seoul, and the Defendant, by investing the construction cost, etc., and the Defendant newly built a new multi-unit housing K (LB) (hereinafter “LL”) with the removal of the multi-unit housing and the construction of the new multi-unit housing to each of the existing owners, and the Defendant will provide the remainder of the new housing to be disposed of (hereinafter “LLB”) (hereinafter “new construction agreement”).

[Reasons for Recognition] Nos. 1 and 2, Eul evidence Nos. 6 (the number of documentary evidence with a number shall include a number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The defense prior to the merits and the determination thereof

A. Five persons, including the Plaintiff A, etc., of the Defendant’s main defense form a non-corporate association by entering into a new construction agreement with the Defendant.

However, 5 plaintiffs A et al. filed the instant lawsuit without the resolution of the general meeting.

This is also raised in its name, not in the name of LBC union.

Therefore, the lawsuit of this case is an incidental law.

The collection and settlement affairs of partnership claims should be jointly exercised by all union members even if the partnership under the Civil Code was constituted by L lending New Construction Agreement.

Since the lawsuit of this case is not so, it is also infinite law.

B. Although there is no legal personality between a union and a non-corporate association under the Civil Act on the distinction between a union and a non-corporate association, the distinction between an association and a non-corporate association which is recognized as an association should be judged based on the strongness of its organization

A cooperative is established according to a contractual relationship under which two or more persons agree to operate a joint business by investing money, other property, or labor among them, and therefore, in a certain degree of organization.

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