소유권이전등기말소 청구의 소
1. As to the real estate listed in the separate sheet to the Plaintiff (Counterclaim Defendant):
A. The Defendant (Counterclaim Plaintiff) B is the Cheongju District Court.
1. Basic facts
A. On October 16, 201, the Plaintiff held an extraordinary general meeting and passed a resolution to sell the real estate indicated in the separate sheet (hereinafter “instant real estate”) owned by it (hereinafter “instant resolution”) (hereinafter “instant special general meeting resolution”).
B. On June 15, 2012, D, as the representative of the Plaintiff, concluded a sales contract with Defendant B for KRW 35,600,000 for the instant real estate, and completed the registration of ownership transfer in the name of Defendant B on July 17, 2012.
around July 17, 2012, Defendant B paid KRW 35,600,000 for the above purchase price to the account in the name of D.
C. After July 14, 2014, Defendant B concluded a sales contract of KRW 75,00,000 for the instant real estate with Defendant C, and completed the registration of ownership transfer under Defendant C’s name on July 15, 2014.
Defendant C paid KRW 75,00,000 to Defendant B around July 15, 2014.
[Ground of recognition] Evidence No. 1, Evidence No. 1, No. 5, and the purport of the whole pleadings
2. Determination on the main claim
A. The following facts are acknowledged according to each of the statements in Gap evidence Nos. 2, 3, and 4, as to the cause of the claim:
In other words, the Plaintiff’s cause E, etc. asserted that the resolution of the special meeting of this case is null and void, and filed an application against the Plaintiff for the provisional disposition of suspending the effect of the resolution of the clan General Meeting as the Chungcheong District Court Branch 2012Kahap183, and the said court rendered a decision of acceptance on August 24, 2012.
In addition, E, etc. filed a lawsuit against the plaintiff (representative D) to nullify the resolution of the general meeting of the clan as 2012Kahap1222 with the Chungcheong District Court Branch, and the said court rendered a judgment to the effect that the resolution of the general meeting of this case is null and void on May 2, 2013.
On April 23, 2014, D filed an appeal under the name of the Plaintiff, but F newly elected as the representative of the Plaintiff voluntarily withdrawn the appeal under the name of the Plaintiff.
Accordingly, the Daejeon High Court (Cheongju) 2013Na806 declared the termination of the lawsuit on August 19, 2014.