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(영문) 서울동부지방법원 2019.06.14 2016가합109138

소유권이전등기

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1. The part of the claim for cancellation of the registration of ownership transfer against Defendant C Co., Ltd. shall be dismissed.

2...

Reasons

1. Basic facts

A. Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a corporation established for the purpose of preventing environmental pollution, purifying sewage and wastewater, and wholesale and retail business of gold materials, and the Plaintiffs and network E (hereinafter “the network”) are those who worked as the director of the Defendant Co., Ltd., and the Defendant D currently serves as the representative director of the Defendant Co., Ltd. as his/her father’s father.

B. On July 16, 1999, the Defendant Company completed the registration of ownership transfer with H, I, and J as to F 92 square meters of land for a factory and 210 square meters of G previous 210 square meters (hereinafter collectively “instant land”). The Defendant Company completed the registration of ownership transfer with 1/4 shares of each of H, I, and J.

C. On November 12, 1999, Plaintiff A, together with H, I, and J, drafted a construction contract for the construction of factory buildings on the instant land to K, a construction business entity, who is a building business entity. D.

On May 13, 200, the Defendant Company completed the registration of initial ownership with respect to the real estate listed in the separate sheet No. 1 (hereinafter referred to as “factory No. 1”) and the real estate listed in the separate sheet No. 2 (hereinafter referred to as “factory No. 3”) constructed on the instant land, together with H, I, and J. 1/4 shares.

E. On February 24, 2005, Defendant Company completed the registration of ownership transfer on the whole shares of other co-owners among factories No. 3, due to the partition of co-owned property.

F. On November 3, 2006, the Defendant Company completed the registration of ownership transfer (hereinafter “the first registration of ownership transfer”) under the receipt No. 128030 on Nov. 3, 2006, with respect to the portion of H 146/12, which is part of H’s shares among the factories No. 1, 2006.

G. On January 31, 2008, Plaintiff B completed the registration of ownership transfer for the portion of 468.24/1359, which is the remainder of H, out of the factory No. 1, due to sale. On February 8, 2011, the Defendant Company completed the registration of ownership transfer for the share of 438/1359.36, which is part of Plaintiff B’s share, among the factories No. 1, on February 1, 2011.

H. Meanwhile, the Deceased from September 7, 2009.