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(영문) 의정부지방법원 2021.03.04 2020가단115873

소유권확인

Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On October 24, 2011, the Defendant purchased 22,617 shares from D Co., Ltd. in the instant forest (hereinafter “instant shares”) from D Co., Ltd. and completed the registration of ownership transfer on November 8, 201.

B. As to the instant shares, the Defendant completed the registration of ownership transfer on June 15, 2015 to E Co., Ltd. on June 11, 2015, and completed the registration of ownership transfer on October 30, 2019, for which the trust property reverted on the same date, and again completed the registration of ownership transfer on October 23, 2020 to E Co., Ltd. on October 22, 2020.

(c)

On December 16, 2019, the Defendant sold the instant shares to F Co., Ltd. and completed the registration of ownership transfer on January 4, 2021, and F Co., Ltd. entrusted the instant shares to G Co., Ltd. on January 4, 2021 and completed the registration of ownership transfer.

[Ground of recognition] Unsatisfy, Gap evidence No. 1, Eul evidence No. 2 and the purport of the whole theory

2. On November 16, 201, Determination H entered into a real estate development joint investment agreement with the Defendant to invest 600 million won in a development project with the share of 7,455,73.5083 out of the instant equity interest, and again, on December 12, 2011, on the ground that the Plaintiff entered into a share investment agreement to invest 120 million won in a development project with H as to the share of 121.0262 out of the equity interest in H’s investment with H on December 12, 201, on the ground that: (a) 1,455/29, and 121.0262 equity in the instant forest of this case among the instant forest of this case seeking voluntary confirmation of the Plaintiff’s ownership, the Defendant asserted that there was no benefit in confirmation; and (b) the Defendant’s assertion that there was no interest in confirmation.

In a lawsuit for confirmation, there should be a benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation is currently unstable, dangerous and dangerous in the plaintiff's rights or legal status.