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(영문) 광주고등법원 2014.10.24 2012나5826
청구이의
Text

1. The part against Defendant B in the judgment of the first instance shall be revoked;

A notary public of Defendant B against the Plaintiff is a law firm.

Reasons

1. The plaintiff is an unlimited partnership with the objective of the wholesale business of alcoholic beverages, etc., and E becomes a member of the plaintiff by investing KRW 40 million on May 1, 1994.

E assumed office as the representative member of the Plaintiff on April 29, 1995, and thereafter from September 4, 2001, E invested a total of KRW 700 million from September 4, 2001. Of these, the shares of KRW 560 million in its own name and the remaining shares of KRW 140 million in the name of U, a title trustee, completed the registration.

E, around June 8, 2005, he re-titled the above U’s shares to G.

E On July 6, 2006, H transferred 50% of the Plaintiff’s equity shares (350 million won) to H to KRW 100 million, and agreed that E and H invested each KRW 100 million as operating capital and jointly operate the Plaintiff (hereinafter “instant share sales contract”).

Accordingly, on July 31, 2006, H acquired the equity share of KRW 140 million in the above G and KRW 210 million in the aggregate of KRW 20 million in E’s equity and KRW 350 million in the Plaintiff’s equity, and simultaneously joined as the Plaintiff’s member and was appointed as the Plaintiff’s representative member.

On the same day, the Plaintiff’s trade name was changed from “A partnership company” to “J unlimited partnership company.”

I, the husband of H, was in charge of the plaintiff's management.

Meanwhile, as a result of the continuous aggravation of the management status of the Plaintiff, the Plaintiff reported the suspension of business to the competent tax office on November 19, 2007, and received a written notice of ex officio cancellation of business registration from the competent tax office on June 30, 2008.

E around June 30, 2009, after transferring 350,000,000 won of the remaining shares to K, it retired, and K transferred all of the above shares to L on September 17, 2009.

L, on January 21, 2010, acquired H’s share of KRW 350 million from H, and simultaneously assumed office as the representative member of the Plaintiff (i.e., L’s share of KRW 682,50 million (= KRW 332,500,000)). On February 10, 2010, L’s share of KRW 682,50,500,000, out of its share of KRW 100,000,000,000.

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