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(영문) 서울동부지방법원 2018.10.26 2016가합100452
건물철거 및 토지인도 등 청구의 소
Text

1. The Defendant (Counterclaim Plaintiff) shall:

A. 1) The Plaintiff (Counterclaim Defendant A) shall be accompanied by the annexed Form 2, among the buildings listed in the annexed Table 1 List 2.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The relationship 1 of the parties was changed from D to C on July 29, 2013, and the organization was changed to E on December 2, 2014, and the organization was changed to C on June 19, 2016.

“Defendant,” regardless of whether it was before or after the organizational change;

) A company running dental business franchises, etc., and Nonparty F Co., Ltd. (F) changed its trade name from G to F Co., Ltd. on March 17, 2011.

“F” regardless of whether it is before or after the amendment;

(2) Plaintiff B was the representative director of F and the major shareholder of Nonparty H Co., Ltd. (hereinafter “H”), who is an affiliated company of F, and both Plaintiffs were the Defendant’s shareholders.

3) On May 27, 2013, the Plaintiffs, F, and H sold all of the Defendant’s shares to Nonparty I. On June 28, 2013, upon the termination of a share transaction, the Defendant was divided into F’s affiliated companies. (B) On October 29, 2002, Plaintiff B purchased the land indicated in Annex I’s Schedule 1(hereinafter “J land”) and the land indicated in paragraph (1) of Annex I’s Schedule 1(b) and the building listed in Annex I’s Schedule 1(2) (hereinafter “instant building”).

2) Since then, Plaintiff B transferred the ownership of the land in J and the building in this case to F, etc., and the Defendant acquired ownership on April 1, 201 through a corporate division and consolidation. 3) The Defendant manufactured products, such as skins and softs for franchise business operated by H and the Defendant, and supplied them to H, etc. in the instant building.

4. Meanwhile, the defendant is separated from F's affiliates.

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