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(영문) 대전지방법원 2019.07.18 2018나112206

소유권이전등록 등

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1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be borne respectively by each party.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the modification of the pertinent part of the judgment of the court of first instance as follows 2. Thus, it is acceptable to accept it as it is in accordance

(The grounds for appeal by the plaintiff and the defendant are not significantly different from the allegations in the first instance court, and in light of the evidence duly adopted and examined by the first instance court, the fact-finding and judgment in the first instance court is legitimate, and there is no error as alleged in the grounds for appeal by the plaintiff or the defendant). 2. The amended part of the first instance court as to the amendment of the first instance court 17 to 51.

If one of the partnership members withdraws from two or more partnership, the partnership relations shall not be terminated, except in extenuating circumstances, but the partnership shall not be dissolved, and the existing partnership may continue to exist without going through the liquidation procedures because the property which belongs to the partnership of the partnership members belongs to the sole ownership of the remaining union members.

In a case where one member withdraws from a partnership, unless there are special circumstances, in the calculation due to withdrawal between the withdrawing person and the remaining person, the amount equivalent to the portion of the withdrawing person’s share out of the partnership’s property evaluated based on the “the status of partnership’s property at the time of withdrawal” pursuant to Article 719(1) and (2) of the Civil Act shall be returned in cash, unless there are special circumstances, and such calculation is based on the premise that the business is continued, the value of the partnership’s property shall be assessed by the “business price, including the value of business rights,” not just trading prices, but rather by the “business price,” and in principle, the ratio of shares of the partnership members shall be calculated based on the “ratio

(see, e.g., Supreme Court Decision 2004Da49693, 49709, Mar. 9, 2006). Examining this part of the Plaintiff’s assertion in light of the above legal doctrine, “the Plaintiff and the Defendant.”