logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2020.01.30 2018가단94044
출자현물 반환청구의 소
Text

1. The Defendants shall deliver to the Plaintiff the descriptions in the attached list.

2. The plaintiff's remainder against the defendants.

Reasons

1. Facts of recognition;

A. On April 2017, the Plaintiff and the Defendants agreed to carry on a trade name “E” on D’s ground (hereinafter “E”), and Defendant B agreed to provide funds necessary for the lease of a site and the construction of a new building, etc. on the D’s land, and Defendant C agreed to move a dog and a house in a “G store” that had been operated on the second floor of the building located in the Bupyeong-si F in the Seocheon-si. The Plaintiff managed and supervised the progress of the construction at the construction site of the Bocheon-si, and operated 14 E’s (hereinafter “the opening of the instant case”) from October 2017 to the Dong business.

B. Accordingly, the Plaintiff was placed in the instant Guide. On January 22, 2018, the Defendants: (a) prevented the Plaintiff from entering the instant Guide; (b) completely excluded the Plaintiff from the partnership relationship; and (c) thereafter, the Defendant B filed a complaint against the Plaintiff on the charge of fraud.

[Grounds for Recognition] Unsatisfy, each entry and video of Gap evidence 1 to 17 (including virtual numbers) and the purport of the whole pleadings

2. Determination

A. Inevitable reasons, which are the reasons for requesting the dissolution of the one association to determine the claim for return of investment property, include cases where it is difficult to expect the smooth operation of the partnership's business due to the destruction of trust relationship due to the deterioration of trust relationship between the parties of the association, unless there are objective circumstances that are deemed to be significantly difficult to achieve the objectives of the association due to the aggravation of the status of the partnership's property or the aggravation

Where the association is dissolved, unless otherwise agreed by the parties, it shall not be treated as a common case or a remaining business of the association. Provided, That where only the distribution of residual property remains, it is not necessary to conduct the liquidation procedures separately.

arrow