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(영문) 서울고등법원 2017.06.07 2016나2053334

건설기계인도

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as that of the judgment of the court of first instance, in addition to adding the judgment as described in the following (2) with regard to a new argument by the court of first instance, and thus, it is acceptable in accordance with the main sentence of

2. Determination on the additional argument

A. The Plaintiff’s representative F, the Plaintiff’s assertion Plaintiff’s member, is in a situation where the progress of the business of the Plaintiff, Defendant C, and G association is insufficient to achieve the objectives of the association. As such, in order to terminate the association and discuss the issues pertaining thereto, on October 13, 2016, pursuant to Article 720 of the Civil Act, the Plaintiff sent a notice of convening the union’s general meeting on October 13, 2016, and then, on November 3, 2016, the Plaintiff’s representative F and G (the Plaintiff’s representative) held the union’s general meeting on the condition that the Plaintiff’s representative F and G2 are present, and the F presides over the dissolution and liquidation of the association, and (2) decided to appoint F as a liquidator, and (3) make a decision to divide the remaining assets of the instant construction machinery in proportion to the amount of investment in residual property distribution, and (5) Defendant C already recovered the investment amount of KRW 200 million, and decided to distribute the instant construction machinery to the Plaintiff.

Accordingly, the liquidator made the above resolution and the person who has a claim against the partnership did not report his/her claim by January 8, 2017 and made a public notice three times through a daily newspaper, but did not have any person who made the report within the maximum period.

Therefore, the Defendants, the custodian of the instant construction machinery, are obligated to return the instant construction machinery to the Plaintiff, as they were dissolved, and the instant construction machinery, which is the remaining property at the general meeting of the Plaintiff, was decided to distribute it to the Plaintiff.

B. (1) The part of the judgment against Defendant Jinjin and Defendant B as to the instant trade agreement is not a party to the instant trade agreement.