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(영문) 서울고등법원 2015.02.12 2014나12623
잔여재산분배
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. The Plaintiff entered into a partnership agreement between the Plaintiff and the Defendant on June 8, 2009, and the representative director of C Co., Ltd. (hereinafter “C”) was G from August 11, 2006 to December 3, 2012, and C was dissolved pursuant to Article 520-2(1) of the Commercial Act (Dissolution) on December 3, 2012.

Of the 209,870 square meters of forests and fields E (hereinafter “the instant forest”), the land owner is a corporation incorporated on April 21, 2004 for the purpose of stone development business, soil and stone collection and distribution business, and all of the offices and equipment owned by C (hereinafter “the instant facilities”) with respect to C’s right to quarrying permission, the right to occupy and use a small river (hereinafter “the instant right to quarrying permission, etc.”) under the name of C on the 30,433 square meters of forest land in Ulsan-do, Ulsan-do, Seoul Special Metropolitan City (hereinafter “the instant forest”).

(D) The Defendant acquired the ownership of the forest of this case by subrogated for each secured obligation of each secured right of collateral security and provisional registration, which was established on the forest of this case with the Defendant’s funds, and then transferred the ownership of the forest of this case to D after preferentially collecting the funds of the Defendant, and entered into a partnership agreement with the Defendant to jointly operate D and distribute profits therefrom (hereinafter “instant agreement”).

The main contents of the instant agreement are as follows.

The defendant (A) and the plaintiff (B) shall enter into this Agreement in order to determine basic matters concerning the roles and rights and duties between the parties in order to achieve their business objectives and pursue their mutual interests.

Article 1 (Purpose) The purpose of this Agreement is to secure the ownership of the land and to prescribe the roles and basic matters of the defendant and the plaintiff as necessary for changing the ownership of the land to the company (D) in which the parties have selected the right of quarrying permission, the right of occupation and use of small rivers and all other rights

Article 2 (Opening) The outlines for changing the license to D selected by the parties are as follows.

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