소유권이전등기절차이행청구 등
1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim as to the revocation is dismissed.
2...
1. The relevant part of the grounds of the judgment of the first instance is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act with respect to the main points of the underlying facts and the grounds for
2. Determination
A. The following facts are recognized in light of the respective descriptions of Gap evidence Nos. 1, 2, 8, and Eul evidence Nos. 3 and the purport of the whole pleadings.
1) The Plaintiff and the F Co., Ltd. (hereinafter “F”).
) The F recognizes that “F” is the Plaintiff’s ownership. F shall take over KRW 1/3 (the part registered in the name of E) of the instant shares in KRW 175,00,000. The F, after the transfer of the E ownership, drafted an agreement with the purport that “F shall bring a lawsuit for partition of co-owned property against D, a co-owner, and pay KRW 175,00,000 to the Plaintiff at the same time after the division of shares became final and conclusive” (hereinafter referred to as the “instant agreement”), and the agreement entered into pursuant thereto is “instant agreement.”
(2) At the time of the preparation of the above agreement, the Defendant was the F’s representative director, and is the F’s representative director at present.
B. The plaintiff 1 of the instant agreement asserts that the parties to the instant agreement constituted a judicial confession as to the fact that the plaintiff is the plaintiff and the defendant.
The Defendant stated, through the written response of June 27, 2016, that “The Defendant, through the Plaintiff, would have received the registration of 1/6 of the shares he/she holds,” and the Plaintiff, through the preparatory documents dated August 16, 2016, asserts that he/she is the true owner, and the Plaintiff is the first sale contract (hereinafter referred to as “the first sale contract”) for the transfer of ownership of a part of the shares to the Defendant.
I entered into this chapter.
While stating "" was made, it is sufficiently possible for the parties to agree not only to transfer the ownership of an object to the other party to the agreement, but also to transfer it to a third party designated by them, and the plaintiff filed the lawsuit in this case with the original defendant and F as co-defendants, and the defendant's reply dated 27, 2016 as well as the defendant.