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(영문) 서울중앙지방법원 2019.03.21 2016가합549023
소유권이전등기말소 등 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Under Defendant C, the number of lawsuits following the commencement and completion of rehabilitation procedures is written in full without separately considering the foregoing. The purpose is a corporation with the purpose of tourist recreation, etc., and Defendant E is the president of G Group with Defendant C as an affiliate.

F Co., Ltd. is a foreign-invested company under the Foreign Investment Promotion Act established for the purpose of golf course business, etc., and Plaintiff A, as an internal director of the above company, held 130,000 shares of the above company in its name, and Plaintiff B held 151,00 shares of the above company.

B. In around 2005, the Plaintiffs decided to construct a golf course, including J, K, and L Forest (hereinafter “instant State-owned land”), which is an urban planning facility, at the Iri Unit of the Chungcheongnam-gu (hereinafter “instant project”). The instant State-owned land, etc. was to be secured through a private contract under the former Foreign Investment Promotion Act (amended by Act No. 8401 of Apr. 27, 2007), and around that time, M&, an affiliate of the G Group, purchased adjacent private land in the name of Defendant E, etc. to construct a golf course in the said forest. Accordingly, there was a dispute over the instant project between the Plaintiffs and the Defendants.

C. On June 24, 2011, between the Defendants, the Plaintiffs entered into a contract with the Defendants under which the Plaintiffs transferred each real estate and shares listed in the separate sheet No. 1 and the shares listed in the separate sheet No. 2 (hereinafter “real estate and shares”) owned by the Plaintiffs for the instant business to Defendant C or Defendant E (hereinafter “instant contract”).

Defendant C was decided on May 15, 2015 by Seoul Central District Court 2015 Ma10099, and the rehabilitation procedure was completed on November 21, 2018.

[Ground of recognition] There is no dispute.

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