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(영문) 창원지방법원밀양지원 2016.12.09 2016가합10277
합자회사사원변경등기등 청구
Text

1. Of the plaintiff's lawsuit against the defendant B, the part of the claim for confirmation of the general partner and representative member shall be dismissed.

2...

Reasons

1. Basic facts

A. Defendant Limited Partnership C (hereinafter “Limited”) changed its trade name from “limited partnership D”) to “limited partnership C” on November 12, 2013, and hereinafter “Defendant Company” is a company with the purpose of alcoholic beverage sales, etc.

B. On November 12, 2013, Defendant B, a partner with limited liability, became a partner with unlimited liability and became a representative member on the same day.

On January 22, 2014, Defendant B acquired 26,000,000 equity shares of F, a general partner, and transferred 1,550,000 equity shares to G on January 20, 2015.

(hereinafter referred to as “instant equity interest” by aggregating the said equity shares in Defendant B’s name.

Although Defendant B entered as the natural father of the Plaintiff on the family relation certificate, on January 11, 2016, the Plaintiff filed a lawsuit of denial of paternity against Defendant B as the Busan Family Court 2016ddan200244, and was sentenced on June 23, 2016 by Defendant B to deny that Defendant B is the natural father of the Plaintiff, and the said judgment became final and conclusive on July 12, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that he held the title trust of this case against Defendant B. The Plaintiff sought to terminate the above title trust with respect to Defendant B, to confirm that the ownership of the above shares and the status of the general partner and the representative member of the Defendant company are the Plaintiff. The Defendant Company sought implementation of registration procedures by changing the part of the Defendant Company’s corporate registration into “Unlimited Liability Member B,” “Representative B,” and “Representative A,” respectively.

B. Defendant B’s assertion 1) In light of the fact that Defendant B additionally invested KRW 60,00,000 on June 14, 2016, the Plaintiff did not title trust the instant equity shares, but donated or invested the instant equity shares or the acquisition price thereof to Defendant B.

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