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(영문) 대구지방법원 2015.07.24 2015나3486
소유권 및 가등기말소청구
Text

1. Of the judgment of the first instance court, the part against the plaintiff falling under the following order for implementation shall be revoked.

Defendant.

Reasons

1. Basic facts

A. On November 5, 2008, the Plaintiff purchased each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) from D, the owner, and completed the registration of ownership transfer under the Plaintiff’s name on November 27, 2008.

B. From February 28, 2013 to December 29, 2013, Defendant B’s ASEAN held office as the representative director of the Plaintiff, and around August 26, 2013, at the time of the above employment, sold each of the instant real estate to Defendant B without a resolution of the board of directors, and completed the registration of transfer of ownership in the name of Defendant B (hereinafter “instant registration of transfer of ownership”) under the Daegu District Court Decision No. 11818 on August 26, 2013 as the receipt on August 26, 2013.

C. On December 19, 2013, the representative director of the Plaintiff changed to F, and thereafter, the Plaintiff became aware that the ownership transfer registration of the instant real estate in the name of Defendant B was completed with respect to each of the instant real estate, and on January 9, 2014, the Plaintiff received an application for provisional disposition prohibiting the disposal of each of the instant real estate under the control of Daegu District Court resident support 2014Kadan13.

However, on January 14, 2014, the court's order to provide the above provisional disposition was served as the real estate of this case, which is the principal office of the plaintiff, and the defendant B received a written order to provide security as if he was an employee of the plaintiff and knew that the plaintiff applied for provisional disposition with respect to each of the real estate of this case

Accordingly, Defendant B prepared a sales contract on January 20, 2014 with regard to each real estate of this case with Defendant E-friendly job offering, and Defendant C completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) on January 20, 2014 with respect to each real estate of this case as the Daegu District Court’s receipt No. 816 on January 20, 2014.

F, the representative director of the Plaintiff, filed a complaint under suspicion (occupational embezzlement) that completed the registration of transfer of ownership in the name of Defendant B with respect to each of the instant real estate, as seen above, E, however, at the seat of the Daegu District Prosecutors' Office on August 29, 2014, between the Plaintiff and Defendant B.

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