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(영문) 대전고등법원 2017.12.22 2017나14794
소유권말소등기
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons for the acceptance of the judgment by the court of first instance are as follows, given that the reasons for the acceptance of the judgment by the court of first instance are the same as the reasons for the judgment by the court of first instance, except for the dismissal or addition as follows.

2. Each of the pertinent parts used or added “this Court” has raised an objection against the route and method of raising funds to purchase each of the instant real estate, the amount, timing and method of payment, etc. of the purchase price actually paid by the Plaintiff Company to D with the funds of the Plaintiff Company, but it does not dispute that the said real estate sales price was paid with the funds of the Plaintiff Company. In addition, the Plaintiff Company raised an objection against the following: (a) the route and method of raising funds to purchase each of the instant real estate; (b) the amount, timing and method of payment, etc. of the purchase price actually paid by the Plaintiff Company to D.

On the other hand, the defendant asserts that the plaintiff Eul acquired a lot of land from the plaintiff company's funds while operating the plaintiff company with the defendant company as a partnership business, and that the plaintiff company should be deemed to have donated the purchase fund of each real estate of this case or the above real estate itself to the defendant in order to hear the defendant's complaint.

However, due to the conflict between Plaintiff B and the Defendant, the point at which the Defendant raised the issue of embezzlement of Plaintiff B’s company’s funds from the beginning of 2013 to the nine-year grace period, and there was no particular conflict between Plaintiff B and the Defendant regarding the management of Plaintiff Company’s funds at the time of the instant sales contract, it does not seem that there was a need for the Plaintiff Company to resolve the above complaints raised by the Defendant by having the Defendant actually acquire each of the instant real estate, and otherwise, the Plaintiff Company.

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