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(영문) 춘천지방법원강릉지원 2014.10.30 2013가합5056
출자지분양도청구의 소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. E is a company established on January 15, 2007.

B. Defendant B as a general partner, and Defendant C owned each share of KRW 150 million in relation to E as a limited partner. On January 15, 2007, Defendant B, as a limited partner, transferred the share of KRW 50 million, and Defendant C also transferred the share of KRW 50 million to Nonparty F, respectively, while Defendant C acquired the entire share of Nonparty F ( KRW 100 million) on July 15, 2009.

[Grounds for recognition] Gap evidence No. 1, the purport of the whole argument

2. The Plaintiff’s assertion E bears the establishment cost and is the Plaintiff’s company that caused Nonparty G to establish. Since the Defendants currently hold shares of KRW 100 million among KRW 300 million investment, the Defendants are obligated to transfer each of the above shares with respect to E to the Plaintiff.

3. As alleged by the Plaintiff, even if the Plaintiff had the Nonparty G establish E in the name of the Defendants, it is merely an internal relationship between the Plaintiff and the Nonparty G with respect to the actual attribution or liquidation of the shares, and thus, it cannot be asserted against the Defendants, a third party.

Therefore, the plaintiff's assertion is without merit.

Even if the Plaintiff asserted the Plaintiff’s assertion to the effect that he terminated the title trust and seeks the transfer of the shares with respect to the Defendants on the premise that the shares of E were nominal trust through Nonparty G, it is difficult to recognize that the Plaintiff paid the establishment cost of E, and made Nonparty G establish E in the name of the Defendants, and there is no other evidence to acknowledge it. In this respect, the Plaintiff’s assertion is without merit.

In addition, although Nonparty G was entrusted with the Plaintiff’s share from the Plaintiff, it did not cause the Defendants to do so.

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