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(영문) 광주고등법원 2014.09.24 2014나10501

소유권이전등기절차이행

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff was a juristic person established for the purpose of mine management and mine trade, etc. on 1958, and the Nonparty C (hereinafter “the deceased”) who died on 2006 from Oct. 1962 to Oct. 31, 1974, owned the Plaintiff Company’s shares as the representative director and the Plaintiff Company’s shares from Oct. 31, 1974, 61.4% from Oct. 197, 197, 43% from 1976 to 197, and 6.7% from 1978 to 1989. The Defendant is the third child of the Deceased.

B. In around 1970, the Plaintiff’s mine in the Mineyang-si area was closed, and the mine industry became a shooting path, and the Plaintiff’s project was promoted to create the D Ilyang-si Mining Site (hereinafter “instant project site”) as factory site around the Deceased from around 1989.

(hereinafter “instant project”). C.

Of the instant project sites, E forest land E 26,975 square meters was transferred to the Plaintiff on March 29, 1969, and on October 28, 1989, the F resident of the Republic of Korea was transferred to the Plaintiff on October 28, 1989, and on March 24, 1995, the ownership transfer registration (the date of registration) was made to the Defendant on March 24, 1995. On March 26, 1997, Nonparty H, the wife of the deceased and the Defendant’s non-party Nonparty H, the Defendant’s non-party third village, were in office as a director of the Plaintiff Company from December 20 to December 1, 2010 to the dissolution under Article 520-2(1) of the Commercial Act.

Nonparty I and at the time, Nonparty J, the representative director of the Plaintiff Company, served as the representative director of the Plaintiff Company from December 20, 1994 to February 23, 2005.

On May 1, 200, each 100/26,975 was partially registered for the transfer of ownership (the gift on March 5, 1997, respectively), and on May 1, 200, the ownership transfer registration was made in the defendant's future (the co-owner's share on April 27, 200, the cause of the registration).

On the other hand, on June 27, 2007, 5,598 square meters of the forest is K (be expropriated in the State on June 16, 2009) and 1,571 square meters of the forest as above, in the attached list L.

2. It is real estate:

(A) 19,806 square meters (attached Form 1) divided into each section.

Ra. D.

Of the instant project sites, the Plaintiff on March 29, 1969 on the 64,694 square meters of forest land in Gwangjuyang-si.