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(영문) 대법원 2009. 11. 26. 선고 2009두13979 판결

조합법인 출자지분은 권리 이전이나 행사에 있어 등기 등을 요하는 재산에 해당되지 않음[국패]

Case Number of the immediately preceding lawsuit

Seoul High Court 2008Nu26451 (Law No. 2009.09)

Case Number of the previous trial

National High Court Decision 2007Du2364 ( October 01, 2007)

Title

The equity shares of a partnership corporation shall not constitute property requiring registration, etc. in the transfer or exercise of rights.

Summary

Property which requires the transfer of rights or the registration, etc. of such transfer or exercise of rights shall be limited to the requirements for registration, etc., which take effect or requirements for setting up against the law, and the matters on which a partnership corporation entered in the list of members and the details of investments shall not constitute the property requiring registration, etc. in the transfer or exercise of rights.

The decision

The contents of the decision shall be the same as attached.

Text

All appeals are dismissed.

The costs of appeal are assessed against the Defendants.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the appellant's grounds of appeal fall under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal and therefore, all of the appeals are dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by