소유권이전등기말소 등
1. The instant lawsuit was concluded on July 3, 2015 by the Plaintiff’s withdrawal of the appeal.
2. The costs of the lawsuit after the completion of the lawsuit.
1. Basic facts
A. The Plaintiff is a company that aims at advertising, signboard manufacturing, etc., and as its employees, the Plaintiff has C with a total number of 20,000 units of investment (9%) 9,800 units of investment (49%) and D with a total of 10,200 units (51%).
B. On May 1, 2014, D, the representative director of the Plaintiff, issued a notice of convening a temporary general meeting to sell the instant real estate owned by the Plaintiff on May 8, 2014. Accordingly, D’s above resolution was made with the consent of D only in the temporary general meeting of members held on May 8, 2014.
C. On May 8, 2014, the Plaintiff entered into a sales contract with Defendant B with respect to the instant real estate amounting to KRW 815 million (hereinafter “instant sales contract”), and completed the registration of ownership transfer in Defendant B’s name on the same day.
On May 8, 2014, Defendant B entered into a mortgage agreement with the Defendant Union as a maximum debt amount of KRW 720 million with respect to the instant real estate, and completed the registration of creation of a mortgage in the name of the Defendant Union on the same day. On May 19, 2014, Defendant B completed the registration of creation of a superficies in the name of the Defendant Union on the real estate stated in attached Table No. 1 of the attached Table.
E. Meanwhile, C filed an application with the Jeonju District Court No. 2014Kahap355 to suspend the performance of duties of directors and a provisional disposition to appoint an acting director, and the above court rendered a provisional disposition that suspended the performance of duties of directors of D on November 13, 2014, and appointed F as an acting director, and C thereafter filed the instant lawsuit as the Plaintiff’s acting director.
F. However, on April 29, 2015, D filed an application for a provisional disposition with the Jeonju District Court 2014Kahap588 with respect to the above provisional disposition, and on April 29, 2015, the above court rendered a decision to revoke the suspension of the exercise of director’s duties and the appointment of acting directors, and thereafter, D submitted a written withdrawal of appeal to the effect that D withdraws the instant appeal as the representative of the Plaintiff on July 3, 2015.