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(영문) 수원지방법원여주지원 2019.12.17 2019가단21
지분정산금 청구의 소
Text

1. The Defendants are based on the withdrawal of the Plaintiff on December 17, 2019 with respect to E forest land E 9,422 square meters in Leecheon-si.

Reasons

On April 22, 1974, the Plaintiff, the Defendants, and the network F completed the registration of the incorporation of the Suwon District Court No. 4865 with respect to the land of this case (hereinafter “instant land”).

The networkF died on September 24, 2008.

The value of the instant land is KRW 395,724,00 as of October 10, 2019.

[Based on the recognition] Defendant C: A judgment rendered by deemed confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act) (Article 208(3)2 and Article 150(3) of the Civil Procedure Act) by public notice (Article 208(3)3 of the Civil Procedure Act), when one of the members dies, he/she shall naturally withdraw from the partnership relationship pursuant to Article 717 of the Civil Act, and in particular, the status of a deceased partner shall not be succeeded to by his/her heir unless the heir agreed to succeed

(See Supreme Court Decision 86Meu2951 delivered on June 23, 1987, etc.). Meanwhile, a partner may, in principle, withdraw from a cooperative at any time, except where the term of the cooperative has been determined (Article 716 of the Civil Act). If a partner withdraws from the cooperative, a partner shall be entitled to claim the refund of the share by calculating his/her share with another member according to the current status of the cooperative’

(Article 719 of the Civil Act). Furthermore, in a case where a partner withdraws from a cooperative, in calculating the amount due to the withdrawal between the withdrawing and the remaining person, the amount equivalent to the shares of the withdrawing person out of the partnership’s property assessed based on the “partnership property status at the time of withdrawal” under Article 719(1) and (2) of the Civil Act shall be returned in cash,

(See Supreme Court Decision 2004Da49693, 49709, Mar. 9, 2006, etc.). In addition, an obligation to return a share to a partner who withdraws falls under a partnership obligation, and a partnership obligation constitutes an indivisible obligation or a joint and several obligation, barring any special agreement, the partnership obligee shall claim against each partner for performance in proportion to the share.

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