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(영문) 춘천지방법원강릉지원 2014.10.30 2013가합5063
출자지분양도 청구의 소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. Limited Partnership D (hereinafter “D”) is a company established on June 26, 2001.

B. Defendant B (formerly: E) is a general partner of D with whom F’s entire equity interest (200 million won) was transferred from F on May 21, 2002 from F.

C. Defendant C is a D’s limited partner who acquired the shares of G with respect to G (10 million won) on November 25, 201 from H that acquired the shares of G (10 million won).

[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

2. The Plaintiff’s assertion D is the Plaintiff’s company established under the name of the Defendant B, and is currently the Plaintiff’s investment of KRW 300 million, Defendant B’s share of KRW 200 million, and Defendant C’s share of KRW 100 million, respectively, and the Defendants are obligated to transfer each of the above shares of KRW 100 million to the Plaintiff.

2. Determination

A. As alleged by the Plaintiff as to the claim against Defendant B, even if the Plaintiff established D in the name of Defendant B with the cost of establishment borne by the Plaintiff, insofar as there is no evidence to prove that the Plaintiff and Defendant B agreed to transfer the Plaintiff’s share to the Plaintiff, the Plaintiff cannot seek the transfer of D shares, separate from the fact that the Plaintiff may seek the return of the establishment cost invested by the Plaintiff against the Defendant B, so the Plaintiff’s claim against the Defendant B is groundless.

Even if the Plaintiff’s assertion was made to the effect that, on the premise that the Plaintiff had held a title trust with Defendant B, the title trust was terminated and that the Plaintiff sought to transfer the shares in D, it is difficult to recognize that the Plaintiff had held a title trust with Defendant B while establishing Defendant B’s name by itself, and there is no other evidence to acknowledge this.

Therefore, in this regard, the plaintiff's claim against the defendant B is without merit.

B. Defendant C bears the Plaintiff’s expenses, as alleged by the Plaintiff, regarding the claim against Defendant C.

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