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(영문) 춘천지방법원영월지원 2015.12.03 2015가합108
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff Company is a company established for the purpose of cleaning agency business, etc., and B became a general partner and representative member of the Plaintiff Company on May 18, 2000, and as a result, the liability was changed to a limited partner on August 23, 2012, the Plaintiff Company resigned from the representative member.

B. A resignation from the Plaintiff’s representative member, and C became the representative member on August 23, 2012, and D resigned on September 18, 2012, and became the representative member on the same day.

C. The statement of the Plaintiff Company’s principal account in December 31, 2012 states that the amount of the provisional payment account as of December 31, 2012 is KRW 982,142,920, and that column is “representative’s provisional payment.” The statement of the principal account in December 31, 2013 states that the amount of the provisional payment account as of December 31, 2013 is KRW 890,142,920, and that column is “B”.

The Defendant entered into a sales contract on May 7, 2014 (hereinafter “instant sales contract”) with respect to the instant real estate owned by B, and completed the registration of ownership transfer by Taecheon District Court No. 3057, May 15, 2014, based on the instant sales contract.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 3-1 and 3-2, the purport of the whole pleadings

2. The defendant's judgment on the defense prior to the merits of the plaintiff company was based on D's transfer of the shares of the plaintiff company from B and did not pay KRW 50,00,000,00. This is because D's failure to perform the duty of investment to the plaintiff company, and therefore D's failure to perform the duty of investment to the plaintiff company. Thus, the lawsuit of this case is unlawful because it was filed by a

However, there is a way that a third party becomes a partner of a limited partnership company after the incorporation of a limited partnership company by acquiring an employee's qualification from an existing member, and there is a way to acquire an employee's share from an existing member.

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