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(영문) 의정부지방법원 2013.06.05 2012가합8595
소유권이전등기
Text

1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

A. As to each real estate listed in the separate sheet

Reasons

1. In determining the cause of a claim for principal lawsuit, a partner under the Civil Act may, in principle, withdraw from a partnership at any time, except where the term of a partnership is determined (see Article 716 of the Civil Act). If a partner withdraws, he/she shall calculate the shares between the other partner and the other partner according to the situation of the partnership property at the time of the withdrawal (see Article 719 of the Civil Act). The right to withdraw from a partnership is a kind of property right constituting the general property of the partnership agreement as the right to terminate the partnership agreement in its nature, and it cannot be said that a creditor subrogation is not allowed.

Therefore, the obligee who seized the shares of the obligor's property, the duration of the partnership to which the obligor belongs is set.

Unless there are special reasons such as not allowing the withdrawal of the debtor's partnership or withdrawal of the debtor's partnership, a subrogation of the debtor's declaration of withdrawal can be made by the creditor's subrogation right.

As a result, the partnership relationship should be terminated if one of them withdraws from the partnership relationship with two or more persons (see Supreme Court Order 2005Ma1130, Nov. 30, 2007). However, barring any special circumstance, partnership relations should not be dissolved, and therefore, partnership property belonging to partnership members shall belong to the sole ownership of the remaining union members (see Supreme Court Decision 95Da2251, 22528, Oct. 14, 1997). We examine the following: (a) the Plaintiff, on March 30, 201, by investing one or two shares of each real estate listed in the list of [Attachment] and [Attachment] of real estate (hereinafter “each real estate of this case”) in the list of [Attachment] and [Attachment], agreed to jointly operate the D funeral hall, and there is no dispute between the parties concerned; (b) evidence Nos. 2 through 4, and evidence No. 6371, Jun. 16, 2007; and (c) evidence No.

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