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(영문) 창원지방법원 2018.08.09 2017나55814

소유권이전등기

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1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The defendant asserts that since the representative director I was appointed by a resolution that the plaintiff's representative director I is not a legitimate representative qualification, the litigation that the above I made as the representative is unlawful.

According to the plaintiff's written statement on the whole certificate of the company's registration of the corporation attached to the plaintiff's written reply dated January 10, 2018, I is recognized that I was appointed as a joint representative on July 10, 2015 and registered as the representative director on the 10th of the same month. There is no other evidence to recognize that I was a defect corresponding to the resolution that appointed as the representative director. Thus, the defendant's above assertion is without merit.

2. Determination as to the plaintiff's claim

A. The following facts are recognized in full view of the respective entries and arguments in Gap evidence Nos. 1 and 5 (including additional numbers) and the following facts, in the absence of disputes between the parties to the facts of recognition:

(1) The three lots of K apartment (current L apartment) on the ground of K apartment (current L apartment) such as Gyeongnam-gun, J, etc., was suspended due to financial difficulties while the construction was conducted as a project operator on January 1, 1991, and the construction was subsequently suspended due to the shortage of funds. On October 193, 193, the Construction Company, through the Construction Company, was transferred the right to operate the said apartment construction project.

(2) However, the construction of the National Assembly also remains neglected for a long time without being suspended due to the failure of the construction, and the Plaintiff acquired the right to the construction of the said apartment from the construction of the National Assembly around April 14, 201 and completed the construction after obtaining approval for the change of the project implementer around August 2001.

(3) On February 28, 2004, the registration of ownership is to be made in the name of the Plaintiff on the apartment as stated in attached Table 1. Paragraph 1 of the attached Table among the above apartment units (hereinafter “101 apartment units”) and the apartment as stated in attached Table 2. Paragraph 2 of the attached Table (hereinafter “906 apartment units”), and on the apartment as stated in attached Table 101 apartment units (hereinafter “each apartment unit of this case”).