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(영문) 서울고등법원 2019.06.12 2018나2019918

소유권이전등기말소 등

Text

1. The plaintiff's appeal against the defendants and the claims extended in the trial are all dismissed.

2. After filing an appeal.

Reasons

1. Basic facts

A. 1) The Plaintiff was divided and established on December 30, 2009 from E Co., Ltd. (hereinafter “Plaintiff”) with the aim of housing and commercial building construction, real estate lease, sale of real estate, etc., without distinguishing between E and the Plaintiff.

(2) Defendant D entered the Plaintiff on September 9, 191 and was in charge of the Plaintiff’s management of rental housing and conversion for sale in lots as a director of the Jeju business office from May 28, 2012 to October 22, 2013, from April 19, 2006 to February 15, 201.

F, G, and H were officers and employees of the Plaintiff’s construction headquarters, business headquarters, and management headquarters, and were in charge of the management and conversion of the Plaintiff’s rental housing.

3) Defendant B was established on February 23, 201, and Defendant C was established on June 21, 201 for the purpose of real estate leasing business. Defendant D’s wife has been working as each director of Defendant B and C since each establishment of Defendant B and C. (B) The Plaintiff has been running a business of constructing and leasing rental housing and selling it preferentially to lessees, etc. who have resided in the relevant rental housing after the expiration of the mandatory rental period.

2) Each real estate listed in the attached Tables 2, 3 and 4, 5, and 7 are the households in which the Plaintiff was not leased from the beginning among the rental houses constructed in J and K at Jeju-si, or for which the lease contract was not concluded due to the lessee’s termination of the lease contract prior to conversion for sale in lots or waiver of the right to sell in lots. (C) The Plaintiff entered into a contract to sell each of the real estate listed in the attached Tables 2, 3 to the Defendant B and C as the amount indicated in the "sale date" column of each of the above table, and completed the registration of ownership transfer as to each of the above real estate.

2. The plaintiff is defendant D-C.