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(영문) 전주지방법원군산지원 2016.06.03 2015가합12163
제명선고
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Determination as to the legitimacy of the instant lawsuit

A. The Plaintiff (Appointed Party)’s assertion and the Defendants’ principal safety defense (hereinafter “Plaintiff”) and the designated parties (hereinafter collectively referred to as “Plaintiff, etc.”) together with the Plaintiff and the designated parties (hereinafter referred to as “Plaintiff, etc.”) sought an expulsion from Defendant C and D in the Defendant Company by asserting that the Plaintiff, a partner with unlimited liability of the Defendant Company, and Defendant D, a limited partner of the Defendant Company, do not hold a general meeting of members, thereby forging all the written consent and arbitrarily amending the Articles of incorporation of the Defendant Company by forging all the members’ written consent. This is the reason for expulsion stipulated in Article 15(3) of the Articles of incorporation of the Defendant Company, which is the reason for expulsion stipulated in Article 15(3) of the Articles of incorporation of the Defendant Company.

As to this, according to Articles 269 and 220 of the Commercial Act, the Defendants are the Defendant Company, who is entitled to file a petition with the court for the declaration of expulsion of the employees of the Defendant Company. Thus, the instant lawsuit is unlawful as it was filed by a person who has no standing to sue.

B. A lawsuit seeking the formation of a new legal relationship for the purpose of the formation of a new legal relationship is not permissible only where the law explicitly provides for the establishment of a new legal relationship and where no legal basis exists

(1) Article 269 and Article 220 of the Commercial Act provides that “A company may file a claim with the court for the declaration of expulsion of a partner with the court by a resolution of a majority of other members,” and that “the expulsion of a limited partnership company may be filed with the court by a resolution of the majority of other members,” inasmuch as a lawsuit seeking the expulsion of a partner by a limited partnership company is brought against the intent of the relevant member, and thus constitutes a lawsuit seeking the expulsion of a partner by nature, which constitutes a lawsuit seeking the expulsion of a limited partnership company.”

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