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(영문) 광주지방법원 2013.10.04 2012가합9159
동의 및 확인청구
Text

1. The part of the conjunctive claim in the instant lawsuit is dismissed.

2. The plaintiff's primary claim of this case is dismissed.

3...

Reasons

1. Facts of recognition;

A. On May 7, 2001, when the Plaintiff was in office as a representative member of the instant company, and owned all of the shares of KRW 700,000,000,000. However, due to the characteristics of the unlimited partnership company demanding more than two employees, the Plaintiff registered the shares of KRW 560,000 in its own name. On September 4, 2001, the Plaintiff trusted the title trust of the shares of KRW 140,000 in the remaining KRW 140,000 to Nonparty F, and on June 8, 2005, again trusted the said shares of KRW 140,000 to Nonparty G.

B. On November 25, 2003, the Plaintiff received KRW 200,000,000 from H, and entered into a contract to transfer KRW 350,000,000 out of the shares of the instant company to H, on condition that the Plaintiff provides (security replacement) real estate equivalent to the 1/2 degree of collateral offered by the manufacture company of alcoholic beverages on behalf of the Plaintiff. He paid KRW 200,000,000 in total to the Plaintiff by 12 times until February 24, 2005 under the said contract.

C. On July 6, 2006, the Plaintiff transferred 50% of the shares of the instant company to Nonparty I in KRW 100,000,000, and the Plaintiff and I agreed to operate the instant company by investing 100,000,000 each of them.

On July 31, 2006, the Plaintiff: (a) on July 31, 2006, among the shares in G name KRW 140,000,000 and shares in the Plaintiff’s name.

As stated in the foregoing paragraph, the remaining shares of KRW 210,00,000 other than the shares to be transferred to H were transferred to H, and I registered himself as a representative member of the instant company on July 31, 2006.

H seeks confirmation against the instant company (representative I) and the Plaintiff on August 28, 2006 that “The Plaintiff is in the position of a transferee of KRW 350,000,000 out of the shares of the instant company pursuant to the share transfer contract (the foregoing Paragraph B) between the Plaintiff and the Plaintiff on November 25, 2003.” Since the Plaintiff transferred the said shares to himself, H would implement the procedure for the registration of the change of membership that “the Plaintiff is in the position of a transferee of KRW 350,00,000 out of the shares of the instant company.”

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