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(영문) 서울중앙지방법원 2014.05.20 2013가합524498
동업지분부존재확인
Text

1. It is confirmed that the Defendant does not have an operating share in the business listed in the separate sheet;

2...

Reasons

1. Basic facts

A. D and E are married couple, and the plaintiffs, F, G and H are their children.

The defendant is the husband of G.

B. The Plaintiffs, H, E, and G shared 1/5 shares of the Gangnam-gu Seoul Metropolitan Government I and J land (hereinafter “instant land”).

However, G transferred its own shares on October 26, 198, and E transferred its own shares on December 29, 2008 to Plaintiffs and H, respectively, and the Plaintiffs and H shared the instant land as one-third shares.

C. The Plaintiffs, H, and D shared the 4th floor building on the instant land (hereinafter “instant building”) as 1/4 shares.

However, D transferred the shares of November 13, 2008 to F on November 13, 2008 to F, and the Plaintiffs and H shared the instant building with each of the shares of 1/4, D, and F with each of the shares of 1/8.

On the other hand, H, with the trade name of K from September 10, 2006, operated the business in which the amount equivalent to the rent of 103 and 203 of the instant building among the instant building is acquired by having a new trade corporation (hereinafter “new trade corporation”) operate the clothing sales store (or the current trade contents), managing the revenue accrued from the said clothing sales store, and returning from the revenue to the new trade, the restricted amount is limited in terms of rent, fee, etc. from the revenue to the new trade. (H registered the business as shown in the attached list; hereinafter “instant business”).

Plaintiff

A jointly operated the instant project with H from January 1, 2008.

E. On July 1, 2009, Plaintiff A, H, and E drafted a partnership agreement with the content that Plaintiff A, Plaintiff A, 10%, and H shall have 50% equity interest in the instant project. On July 1, 2010, Plaintiff A drafted a new partnership agreement with the content that: (a) E has 80% equity interest in the instant project; (b) Plaintiff A, 10%; and (c) H has 10% equity interest in the instant project.

F. The Seoul Family Court (Seoul Family Court 2009Dhap3869) and the conciliation procedure of the divorce and the division of property filed by E against D.

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