logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.11.07 2018가단5217731
지분환급
Text

1. Defendant B shall have the jurisdiction of the Daejeon District Court as to the shares of 1/3 of the real estate listed in the separate sheet to Defendant C and D.

Reasons

1. Facts of recognition;

A. On October 2, 2013, the Plaintiff filed a lawsuit against Defendant B with Suwon District Court 2013Gaso325948, and rendered a judgment on October 2, 2013, that “Defendant B shall pay to the Plaintiff 3,777,231 won and 1,602,980 won among them at the rate of 20% per annum from July 25, 2013 to the date of full payment.” The said judgment became final and conclusive on November 22, 2013.

The amount of the Plaintiff’s claim against Nonparty B is KRW 5,431,152 as of September 19, 2018.

B. Defendants B, C, and D’s partnership property 1) filed a joint registration with the head of Daejeon District Court, the registry office of the Daejeon District Court, 18754, Dec. 18, 2008, as to the real estate stated in the separate sheet. 2) The value of the instant real estate is 12,091,000 won (=10,700 won per square meter) as of January 1, 2018, as of the officially announced value of January 1, 2018.

C. Defendant B’s insolvent is a small property of KRW 44,074,152, including a total of KRW 5,431,152,00 against the Plaintiff, while Defendant B’s positive property is in the state of insolvency, in which the positive property exceeds KRW 3,630,720,000 in Seocheon-gun E’s land of KRW 496,00,000.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 8 evidence (including additional number; hereinafter the same shall apply), F Director, the inquiry reply result by the director of the District Tax Office, the purport of the whole pleadings

2. Determination on a claim for share refund, etc. based on a creditor subrogation right

A. According to the relevant legal principles, the real estate in this case is deemed as the Defendants’ partnership’ partnership’s property, and in principle, a partner may withdraw from partnership at any time, except where the term of association has been determined (Article 716 of the Civil Act). If a partner withdraws from partnership, a partner shall calculate his/her share with another partner according to the union’s property status at the time and claim for the refund of share (Article 719 of the Civil Act), and a partner shall claim for the refund of share (Article 719 of the Civil Act).

arrow