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(영문) 서울고등법원 2017.03.07 2016나2053730
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On November 4, 2009, the Plaintiff and E jointly purchased 4995/2614 shares out of land in the wife population C from a land-sale company prior to subdivision, and completed the registration of ownership transfer with respect to the said shares under the Plaintiff’s name.

On April 12, 2010, the part purchased by the Plaintiff and E as co-owned land co-owned on April 12, 2010 was divided into a F-5,175 square meters (hereinafter “F-site before partition”) with the wife population F-5,00 square meters at the time of the division before the division, and the ownership transfer registration was completed in the Plaintiff’s future.

B. The Plaintiff and E agreed to transfer the part of F’s 618 square meters (187 square meters, the location was specified) which was actually purchased by E among F’s F’s land before partition to E’s wife G, and all of the expenses were borne by E. Accordingly, the Plaintiff’s representative director, H, who was in general in charge of the Plaintiff’s duties, and I and E, who were in charge of the Plaintiff’s duties as a certified judicial scrivener, discussed ways to transfer the Defendant’s employee L, a certified judicial scrivener’s employee L, out of F’s F’s land before subdivision, and delegated the Defendant with registration duties thereon.

C. On December 18, 2012, the registration of transfer of shares in the name of G was completed due to donation with respect to the shares 618/5175, among the F’s F’s shares before partition. ② On January 31, 2013, the F’s land before subdivision was divided into a size of 4,557 square meters (hereinafter “F’s land after subdivision”) and JJ large 618 square meters (hereinafter “J’s land”), and ③ on March 8, 2013, the registration of transfer of shares in the name of the Plaintiff transferred in the J’s name was completed due to partition of co-owned property, and the J’s land was arranged as the sole ownership of G, as the registration of transfer of shares in the name of G was completed due to partition of co-owned property.

① The above, ③ the registration affairs were in charge of the Defendant, and ② the above affairs concerning the division were dealt with by E.

However, with respect to the F site after division, while the shares of G 618/5175 (hereinafter “instant shares”) in the name of the Plaintiff were left alone without being transferred under the name of the Plaintiff, G creditors regarding the instant shares in the dispute (i.e., the instant shares).

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