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(영문) 서울중앙지방법원 2016.05.19 2015가합13084
주식매매대금
Text

1. The defendant shall transfer to the defendant the 3,279 share (the face value shall be KRW 5,00) of the issuance of B to the defendant.

Reasons

1. Determination on the defense prior to the merits

A. The defendant's summary of defense is merely a partnership under the Civil Act, and thus, the lawsuit of this case is unlawful, and even if it is an unincorporated association, the representative is not a natural person, but a juristic person, and thus illegal.

B. In full view of the purport of the entire pleadings, the following facts can be acknowledged in the statement No. 1 of the acknowledged facts.

The Plaintiff is a new technology investment association established to invest in new technology enterprises pursuant to Article 41 (3) of the Specialized Credit Finance Business Act.

The contents of the rules of the plaintiff shall be as shown in the attached list 1.

(c)an organization has rules that have the nature of an association with its own objective and, on this basis, has an organization that has a decision-making body and a representative who is an executive body, etc., has a decision-making body and a method of executing its affairs by the principle of majority majority. An organization itself remains, regardless of any change due to the joining, withdrawal, etc. of its members, and has a substantial substance as a non-corporate body in cases where the organization determines the method of representation, the operation of Congress or the board of directors, the composition of capital, the management of property, or

(See Supreme Court Decision 9Da4504 delivered on April 23, 199, etc.). According to the above facts, the plaintiff has a unique purpose and has an organizational structure, such as setting a rule with the nature of an association, and based on this, establishing a general meeting of union members and an executive member, which is a decision-making body, and have a representative (executive member) who is an executive member, etc., and the decision-making body or execution method is carried out by the principle of majority majority, regardless of changes arising from the joining or withdrawal of union members, the association itself remains in existence, regardless of the changes arising from the membership or withdrawal, and the organization has determined the method of representation, the operation and capital of the general meeting, etc

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