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(영문) 수원지방법원성남지원 2017.10.18 2016가단229378
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On February 26, 2001, E agricultural partnership (hereinafter referred to as the “Union”) is a farming partnership, the registration of incorporation of which was completed with the number of shares invested as 30,000 shares of the Plaintiff A, F (A's children), G (A's children), H (A's children), I, J, and K as its members and with the number of shares invested as 30,00 shares.

B. On June 12, 2001, Defendant B purchased the Geumcheon-gu Seoul Metropolitan Government L and M real estate, and borne a total of KRW 360 million with the purchase price of KRW 330 million with the registration cost, and invested the amount equivalent to the above amount in the partnership by completing the registration in the name of the partnership.

C. On August 3, 2001, Plaintiff A and G transferred their entire contribution units to Defendant B and withdrawn from the membership of the association. On the same day, Defendant B and N (Dongs) joined as new members, and Defendant B was appointed as the representative director of the association.

After that, on February 2, 2002, the Mutual Association consisting of Defendant B and K, I, H, and four members. Defendant B and I, H each of them held 9,000 shares, and K held 3,00 shares, which set the proportion of members and contribution units, and I and H were appointed as directors and auditors.

E. On July 2005, K, I, and H issued a sales contract to the effect that they sell all their contribution units through Plaintiff A with a blank space and affixed a seal imprint stamp to the Defendant B. The Defendant B issued a sales contract to sell the entire contribution units with the above sales contract and its contribution units around that time.

F. On the other hand, on July 15, 2005, on the corporate register of the partnership, the registration of the appointment of the R director on August 18, 2007 was completed by Defendant B from the representative director, I, and H from the directors of the partnership, and by K from the auditor, C as the director and representative director,O, P as the director, and Qua as the auditor.

G. Plaintiff A filed a lawsuit against the association on February 6, 2009 to the effect that there is no general meeting of association members and a resolution by the board of directors on July 15, 2005, as Seoul Northern District Court 2009Gahap1089. However, Plaintiff A filed a lawsuit against the association on July 6, 2009.

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