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(영문) 서울북부지방법원 2014.12.17 2013가합7336
사원지위 확인
Text

1. Value of equity held between the plaintiff and the defendants under the name of defendant D on the corporate register B of the defendant limited partnership company.

Reasons

1. Basic facts

A. The defendant limited partnership company B (hereinafter referred to as the "defendant company") is a company aimed at providing a transport service, and the defendant C, in the corporate register of the defendant company, is registered as a general partner, the plaintiff, the defendant D, and E as a limited partner.

B. The total sum of the equity shares of the Defendant Company is KRW 120 million. Of them, the Plaintiff, which is the wife of the Defendant C, KRW 70 million, and KRW 25 million, as well as KRW 25 million, out of KRW 35 million of the shares of the previous limited partner G, before July 30, 2008) and Defendant C’s first of the Defendant C, KRW 15 million (including KRW 15 million from the previous limited partner H before July 30, 2008), and Defendant C’s Dong C, which is the wife of the Defendant C, have a registered equity share of KRW 10 million (the remainder of the shares of KRW 10 million before July 30, 2008).

(2) Each entry of Gap evidence Nos. 1 and 2 (including serial numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion 1) The instant equity shares are the equity shares held in title by the Plaintiff. 2) The Plaintiff terminated the title trust with Defendant E and D, thus seeking confirmation that the instant equity shares are owned by the Plaintiff.

3) Accordingly, Defendant Company also has the duty to change the Plaintiff’s equity shares in the corporate register and to implement the procedure for cancelling the instant equity shares. (B) The Defendants’ assertion 1) Defendant D’s equity shares are the equity shares that Defendant D received from Defendant C with a gift from Defendant C and directly transferred from H, and are not the title trust of the Plaintiff.

2 The equity shares of Defendant E are not nominal trust as the equity shares transferred from G, after Defendant E paid KRW 47 million to Defendant C.

3. Determination

A. The instant case.

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