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(영문) 서울중앙지방법원 2016.07.01 2015나46521

건물인도 등

Text

1. On the other hand, upon a claim that was changed in exchange at the trial, the Plaintiff’s rehabilitation obligor C.

Reasons

1. Facts of recognition;

A. A medical corporation with the status of the party C (hereinafter “C”) is a medical corporation under the Medical Service Act for the purpose of establishing and operating a medical institution, and operated a H hospital in the building located in Dongjak-gu Seoul Metropolitan Government (hereinafter “instant building”).

B. Around October 2010, F, who served as the chief executive officer who falls under C’s representative status, an agreement on transfer of the operating right, and an amendment registration of change of the representative director, was transferred to B in KRW 4,500,000,000. However, in the event of a mutual dispute or delayed payment of the price, F agreed to receive a resignation letter and a resignation letter from the chief executive officer in B’s name for restoration to the original state. 2) On January 20, 201, F held a temporary board of directors of the said Foundation on January 20, 201 for more than C’s status and operating right. The said board of directors expressed that F resigned from the position of the chief executive officer and the chief executive officer, and made a resolution including the contents that B is appointed as a new chief executive officer (hereinafter “instant resolution”).

3) Around the time of the above board of directors, F submitted to the said Foundation a resignation letter dated January 20, 201, which contains the content that he/she would resign from the office of director C. Accordingly, the corporate register of the said Foundation was completed as of January 21, 201, with the alteration registration that F retired from the office of representative on January 20, 201, and that B was the sole director with the power of representation. (C) Unlike the above agreement, F did not pay the acquisition price at all as of January 21, 2011, as of January 21, 201, the Seoul Central District Court 201Gahap46130, stating that “F confirmed that he/she was in the position of president of the said Foundation, and confirmed that the instant resolution was nonexistent or void in preliminary form.”

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