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(영문) 대구지방법원상주지원 2015.02.05 2014가합488

손해배상(기)

Text

1. The Defendants: (a) each Plaintiff KRW 240,000,000; and (b) Defendant A Co., Ltd. from January 14, 2015 to Defendant A Co., Ltd.

Reasons

1. Indication of claim;

A. Each real estate listed in the separate sheet (hereinafter “each real estate of this case”) was owned by the original non-party C (hereinafter “non-party C”).

D even though there was no resolution of the general meeting of clan with the content of appointing himself as the representative of the non-party clan and disposing of each of the instant real estate to the Defendants, as of September 21, 2007, the minutes of the general meeting of clans were forged, and around September 27, 2007, the real estate listed in paragraph (1) of the attached Table to Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”) was sold to Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”) and the real estate listed in paragraphs (2) through (4) of the attached Table to Defendant B, a director of the Defendant Co., Ltd on the same day.

On November 9, 2007, the defendants completed the registration of ownership transfer in the name of the defendants with respect to each of the above real estate.

B. Around November 15, 2009, the Defendant Company sold the real estate listed in the attached Table Nos. 1 to the Plaintiff, and the Defendant B sold the real estate listed in the attached Table Nos. 2 to 4 to the Plaintiff on the same day.

The plaintiff completed the registration of transfer of ownership in the name of each plaintiff on December 17, 2009 and December 23, 2009 with respect to the real estate listed in the attached list Nos. 2 through 4 as to the real estate listed in the attached list No. 1.

C. Accordingly, Nonparty clan filed a lawsuit against the Plaintiff seeking cancellation of ownership transfer registration, which was completed in the name of the Plaintiff with respect to each of the instant real estate, and around October 30, 2013, in the Daegu District Court resident support case No. 2012Kadan432, the Plaintiff paid KRW 240,000 to Nonparty clan by June 30, 2014, and the conciliation was concluded that Nonparty clan would waive Nonparty clan’s claim for cancellation of ownership transfer registration against the Plaintiff.

On June 30, 2014, the Plaintiff paid KRW 240,000 to the side of the non-party clan around June 30, 2014.

The defendants are owned by the non-party clans, and each of the real estate in this case belongs to the defendants.