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(영문) 광주지방법원 2019.12.20 2017가합57740

사원변경등기 말소등기

Text

1. The defendant shall implement the procedure for the cancellation registration of the change in the attached list to the plaintiff.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The defendant is a company established on June 28, 1979 for the purpose of the taxi passenger transportation business, etc., and the part related to this case in the defendant's articles of incorporation is as follows.

Section 6. The capital of this Corporation shall be forty eight thousand won.

Article 16. Not more than five general partners and not more than two auditors shall be elected at the general meeting of members.

Article 17. The criteria for election of general partners of this Company are as follows:

1) A person who has invested assets in the Company. 2) A person who is capable of managing the assets of the Company shall be elected from among the general partners under Article 18, by a resolution of the general partners’ meeting the chairman and the representative secretary, one managing director and one managing director.

Article 19. The president of the representative operating company shall represent the Company and execute the resolution of the general meeting and the general meeting of partners with unlimited liability and shall exercise overall control over the affairs of the Company.

B. D’s investment of KRW 4,080,00 among the Defendant’s capital of KRW 48,960,000 in KRW 48,960,000, became the Defendant’s general partner. At the time of May 29, 2009, the Defendant’s general partner was the Plaintiff and two persons.

C. On June 10, 2009, the Defendant’s limited partner E and F filed a lawsuit against the Plaintiff, who was the Defendant’s representative managing member, seeking the declaration of the executive partner’s loss of authority as the Gwangju District Court 2009Gahap6266, and the said court rendered a decision on October 22, 2009 on the forfeiture of the Plaintiff’s operating authority. Accordingly, the Plaintiff filed an appeal with Gwangju High Court 2009Na6577 and Supreme Court 2010Da82189, each of which was dismissed, and the said judgment became final and conclusive on December 13, 2012.

D died on May 12, 2014

(hereinafter referred to as “D”). E.

Then, on May 23, 2014, the deceased’s successors, including G, have made a content-certified mail stating that “The status of the deceased’s general partner shall be succeeded by G among inheritors in accordance with Article 246 of the Commercial Act, and the 4/48 shares of the deceased shall be succeeded by G, H, I, and J, one-fourthh, respectively.”

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