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(영문) 광주지방법원 목포지원 2018.08.08 2017가단6090
소유권이전등기말소등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff purchased each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) and C-152 square meters of land for factory (hereinafter “C-real estate”) through the voluntary auction procedure, and completed the registration of ownership transfer under the Plaintiff’s name on October 7, 2015.

B. The Plaintiff paid the purchase price of each of the instant real estate and C real estate with the money borrowed from D and the loan granted from E, and during that process, F and G, who were joint directors and joint representative directors of the Plaintiff on September 30, 2015, resigned from the joint representative director, and D, who was appointed as the Plaintiff’s internal director and representative director, jointly and severally guaranteed the said loan obligations.

C. Since then, the Plaintiff’s internal director F, G, and auditor H made a resolution with the mandatory director and representative director D as follows:

(hereinafter “instant resolution”). Around September 30, 2015, around September 30, 2015, a resolution of appointment of D among the Plaintiff’s executive officers as an internal director and representative director was passed, and then, I will delegate the following matters to the current internal director and representative director.

The following agenda items:

1. All real estate in this case and C real estate

2. New issuance of passbooks and receipt and disposition of the purchase price pursuant to the above disposition under paragraph (1).

3. A resolution shall be adopted to issue a certificate of personal seal impression for selling real estate following the disposal of the foregoing real estate and to conclude a sales contract.

4. Until all of the above real estate is disposed of, the following items and the plaintiff internal director and representative director D will continue to exist:

Since August 15, 2016, D, as the representative director of the plaintiff, entered into a sales contract with the defendant who is the representative director (director) of D as to each of the real estate and C real estate of this case, with the purchase price of KRW 500 million.

(hereinafter “instant sales contract”). Accordingly, on August 16, 2016, the registration of ownership transfer stated in the Defendant’s name regarding each of the instant real estate and C real estate was completed.

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