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(영문) 서울동부지방법원 2018.11.09 2018가합106294

소유권말소등기

Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff is a corporation established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents with the aim of removing the worn-out buildings in Seongdong-gu Seoul Metropolitan Government and constructing new buildings above, improving the urban and residential environment, and contributing to improving the residential stability and the quality of residential life of its members. 2) C is a person who worked as a full-time director after the Plaintiff’s incorporation registration was completed on June 29, 2007, and the Defendant purchased the right to sell the real estate listed in the separate sheet (hereinafter “instant apartment”).

B. C’s tort 1) On February 3, 2015, in the case of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Misappropriation), etc., of Seoul Western District Court Decision 2014Da206, 211, 233 (Merger), and 374 (Consolidation), C violated the duty to properly manage the redevelopment project as an executive of the Plaintiff, and thus, C was convicted of the Plaintiff on September 25, 2005 of the facts constituting the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Misappropriation), including: (a) Nonparty E, F, G, H, and C, which are other executive officers of the Plaintiff, received bribe from the G, and caused the Plaintiff to enter into a contract for the extended construction contract and service contract with the Seoul Western District Court from September 4, 2009 to October 18, 2013; (b) paid the service price in full to the Plaintiff; and (c) paid 3.5 billion won difference with the adequate service price, and KRW 1.5 billion.

C. 1) On April 2, 2015, the Defendant: (a) from C on April 2, 2015, the Seongdong-gu Seoul Metropolitan Government I large-scale 63 square meters (hereinafter “instant land”).

The contract to purchase the apartment of this case with ownership of KRW 630 million (hereinafter referred to as "the contract to purchase the apartment of this case").