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(영문) 서울남부지방법원 2015.01.29 2012가합1178
매매대금
Text

1. The plaintiff's primary claim and the conjunctive claim against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

Basic Facts

Plaintiff

The Plaintiff Company was a limited partnership company established on March 21, 1987, and owned E Apartment (attached Form 1, 2, and 3, including 41 households) with two of the land sites and two of the land above the Gangwon-gun.

On the other hand, in 191 and 1994, the above apartment 92 households (including the above 41 households) established a right to collateral security of KRW 1,008,000,000 for the maximum debt amount within the National Bank of Korea (the Korea Housing and Commercial Bank was established at the time, but it was merged with the National Bank of Korea thereafter; hereinafter “National Bank”).

Around May 2001, Nonparty F acquired all the shares of the Plaintiff Company from Nonparty G, who was a general partner of the Plaintiff Company, in KRW 200 million. G around May 30, 2001, transferred its shares to Nonparty H and F’s wife, who was designated by F, and retired from the Plaintiff Company.

I was employed as a general partner of the Plaintiff Company on May 30, 2001 (the share of KRW 110 million) and was appointed as a representative member on December 12, 2003, and the F was actually operating the Plaintiff Company through wife I from around that time.

After that, on October 12, 2004, Nonparty J (the husband of the above I) accepted part of the shares as the limited partner of the Plaintiff Company (88 million won), and entered the Plaintiff Company (the representative member I), the Plaintiff Company (the Plaintiff Company) entered the shares of J with 30 households (102, 102, 201, 302, 302, 401, 402, 402, 501, 502, 2101, 102, 103, 104, 202, 202, 303, 204, 303, 304, 302, 303, 304, 404, 401, 402, 404, 402, 404, 403, 405, 405, 205, 305, 405, 405.

J. .

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