폐업신고절차이행
1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The defendant shall report the business to the plaintiff as stated in the attached Form.
Facts of recognition
On July 19, 2002, the Plaintiff, the Defendant, and the B jointly purchased a building of 3059 square meters and its ground (hereinafter “instant real estate”) in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, and completed each registration of ownership transfer with respect to 40 percent shares in the name of the Plaintiff, 30 percent shares in the future of the Defendant, and 30 percent shares in the future of B, and 30 percent shares in the future. The Plaintiff, the Defendant, and the B jointly reported the business as indicated in the attached Form, and carried on a wedding business from the instant real estate to the same business.
B, around December 2003, withdrawn from the partnership relationship with the Plaintiff and the Defendant, and on December 26, 2003, transferred 20/10 of the shares in the instant real estate to the Defendant, and 10/100 of the shares in the Plaintiff.
After that, the Seoul Southern District Court E with respect to the entire shares of the Defendant in the instant real estate, and the Plaintiff became the sole owner of the instant real estate by acquiring the entire shares of the Defendant in the said auction procedure on January 27, 2012.
On January 27, 2012, the Plaintiff concluded a trust agreement with Korea Trust Co., Ltd. on the instant real estate, and completed the registration of ownership transfer based on the trust agreement with Korea Trust Co., Ltd. on the instant real estate. However, on May 24, 2013, the Plaintiff recovered the registration of ownership transfer under its name after cancelling the trust agreement.
On May 21, 2013, the Plaintiff filed a claim for dissolution of partnership (partnership relationship) pursuant to Article 720 of the Civil Act on the ground that there was an inevitable cause not to continue the partnership relationship with the Plaintiff and the Defendant, on the ground that all of the shares of co-ownership in the instant real estate were lost, and thus, the Defendant did not have any rights and duties recognized by the partnership.
[Ground of recognition] A without dispute, Gap evidence Nos. 1, 2, 10, 12 (including each number), Eul evidence Nos. 8, and facts acknowledged prior to the establishment of the obligation to report the closure of the entire pleadings.