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(영문) 대전지방법원 2011.12.13 2010나4149
지분계산청구
Text

1. The judgment of the first instance court, including each of the plaintiffs' claims expanded in the trial, shall be modified as follows:

Reasons

1. Basic facts

A. The defendant was enacted and promulgated under the Act on the Special Measures for Development of Agricultural and Fishing Villages (Act No. 4228 of Apr. 7, 1990 and enforced on the same day. It has been amended and enforced several times, but it was repealed on Nov. 28, 2009 under the Framework Act on Agriculture and Fisheries, Rural Community and Food Industry, which was wholly amended by Act No. 9717 of May 27, 2009).

B. The Defendant owned a 1,949m2, AAA 136m2, AB road, AB 22m2, AC 110m2, and its ground storage and management office (hereinafter “AD cultivation complex”) in the Dong-gu, Nam-gu, Dong-gu, Seoul. However, on September 13, 2007, the Defendant sold AD cultivation complex at KRW 650,000,000 to AE farming association.

C. On April 25, 2000, the Defendant purchased 23,954 square meters of Pland and Q forest and 26,200 square meters of Q forest and for the same year.

5. 30. A registration of the transfer of ownership under the Defendant’s name was completed, and on November 2, 2002, R had purchased 1,977 square meters prior to R and completed the registration of the transfer of ownership under the Defendant’s name on December 27, 2002.

(hereinafter referred to as “S farming complex”) d.

Plaintiff

A served as a director from March 15, 2001 to August 13, 2007, and was expelled from a member on August 16, 2007.

Plaintiff

B and C filed a lawsuit of this case against the defendant on July 30, 2008, stating a declaration of intent to withdraw from the partnership, and the complaint was served on the defendant on August 21, 2008.

[Reasons for Recognition] Gap 2, 5, 6 through 8, Eul 5 (including each number), the purport of the whole pleading, and records clearly

2. Reasons for the plaintiffs' claim

A. The plaintiffs were the members of the defendant, and among them they withdrawn from the name of the plaintiff A on August 16, 2007. The plaintiff B and C withdraw from the office of the complaint of this case where the plaintiff B and C expressed their intention to withdraw from the association. Thus, the defendant is obligated to calculate and refund their respective shares to the plaintiffs.

(b).

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