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(영문) 수원고등법원 2020.05.07 2019나15874

소유권말소등기

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1. All appeals filed by plaintiffs B and the defendant are dismissed.

2. The costs arising from the Plaintiff’s appeal shall be borne by the Plaintiff B.

Reasons

1. The reasoning of the judgment of the court of first instance cited the instant case is as follows. The argument that the plaintiff B and the defendant added or emphasized in this court is identical to the ground of the judgment of the court of first instance, except for the addition of the judgment as set forth in the following paragraph 2, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The 10th instance judgment of the first instance court "this defendant" shall be referred to "the 1st instance real estate of this case to the defendant".

Part 6 of the first instance judgment from "in accordance with Article 398 of the Commercial Act" to "in accordance with Article 398 of the same Act" shall be completed as follows:

Pursuant to Article 398 and Article 383 (4) and the proviso to Article 383 (1) of the Commercial Act, "the board of directors under Article 398 of the Commercial Act shall be adopted as "the general meeting of shareholders under Article 398 and Article 383 (4) and the proviso to Article 383 (1) of the Commercial Act," "the board of directors under Article 398 of the Commercial Act shall be adopted as "the general meeting of shareholders under Article 398 and Article 383 (4) and the proviso to Article 383 (1) of the Commercial Act" in the first 10th 10 judgment ".

The “Defendant” in Part 8 of the first instance judgment shall be added to “General Meeting of Shareholders” next to “Defendant.”

2. Additional determination

A. Determination on Plaintiff B’s assertion 1) The Plaintiff Company’s assertion that all of the borrowed money was repaid by the resolution of the board of directors and the general meeting of shareholders of the Plaintiff Company’s board of directors and the general meeting of shareholders of the Plaintiff Company held on August 13, 2019 re-verification that Plaintiff B’s H association loans amounted to KRW 397 million for H association loans to Plaintiff B, and decided to urge the Defendant to register the transfer of ownership in the name of Plaintiff B with respect to the instant 2 real estate. As such, all of the borrowed money to Plaintiff B was repaid.

B. The board of directors and the general meeting of shareholders of the Plaintiff Company.