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(영문) 수원지방법원안산지원 2019.08.01 2018가합10859
조합 청산인 선임 확인 등의 소
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

Facts of recognition

On May 2009, the Plaintiff entered into a partnership agreement and established a partnership agreement with the Defendants, E, and E, Sinsi-si F, with the content that the real estate development project on the land and buildings of Sinsi-si and Sinsi-si will proceed, and the profits generated therefrom will be divided according to the equity ratio.

(hereinafter referred to as “instant trade agreement”). The plaintiff, the defendant, and E set their share ratio under the said trade agreement to the plaintiff 40%, the defendant B 40%, the defendant C 10%, the E5%, and the defendant D5%.

(hereinafter referred to as the “instant partnership”). After the withdrawal of the partnership under the said partnership agreement, E has withdrawn from the partnership of this case, and the present equity ratio is 80%, Defendant B10%, Defendant C, and D, respectively.

As the dispute between the Plaintiff and the Defendants on the property relationship of the instant association occurred, a criminal complaint has been filed several times between the two parties or a civil suit has been filed.

In the process, the agreement between the plaintiff and the defendants has been reached, but no implementation has been made, and the plaintiff and the defendant Eul again filed a complaint against each other on the charge of occupational embezzlement, etc. around 2018.

On August 2018, the Plaintiff notified the Defendants that the trust relationship would be destroyed due to the dispute between the instant association and that it would be expected to be operated smoothly. Accordingly, the Plaintiff, who holds 80% equity interest pursuant to Article 4(1) of the same business agreement, was appointed as a liquidator of the instant association and the method of liquidation would be determined.

【Ground of Recognition” did not have any dispute, Gap 1-8 evidence, Eul 1-1 evidence (including additional numbers), and the purport of the whole pleading as to the plaintiff's primary claim, the association of this case has been in a situation where it is difficult to expect a smooth operation of its business due to the destruction of trust relationship due to the extinguishment between members, etc.

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