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(영문) 대전고등법원 2016.12.22 2016나10528
소유권이전등기말소등
Text

1. The judgment of the court of first instance is modified as follows.

The plaintiffs' lawsuits against the defendant C are dismissed respectively.

(b).

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged by comprehensively taking account of the following facts: Gap evidence 1-5, Gap evidence 2-3, Eul evidence 3-1-3, Eul evidence 10, 27, and 28, and the whole purport of the arguments. A.

Plaintiff

A, on January 6, 2005, obtained a building permit for the extension work of each building listed in paragraphs 1, 3, and 4 of Schedule 1 (hereinafter “instant factory site”) on each land listed in Schedule 1, 1, 3, and 4 (hereinafter “instant factory site”), which he/she owns, around August 2009, and obtained approval for the use of the instant factory building on November 6, 2009.

B. On March 21, 2005, the Plaintiff A and his/her spouse obtained permission for the construction of the buildings listed in the separate sheet Nos. 2 and 3 (hereinafter “instant restaurant building”) listed in the separate sheet No. 2 and 2 on the land listed in the separate sheet No. 1 (hereinafter “instant restaurant site”) owned by E (hereinafter “instant restaurant site”), and obtained approval for the use of the instant restaurant building on February 9, 2010.

C. On February 24, 2010, the Plaintiff Company was established for the purpose of wholesale and retail business of agricultural materials and materials, and F was appointed as the representative director, and the Plaintiff A and E were appointed as the inside director.

Plaintiff

The Company was transferred from E on April 15, 2010 the registration of ownership of the instant restaurant site.

Plaintiff

A From May 2010, on the site of the instant multi-family house owned by itself, from the Plaintiff Company’s name, commenced the new construction of the instant multi-family house under the name of the Plaintiff Company and obtained approval for its use on July 20, 201.

E. Defendant C actually managed and supervised the construction of the above extension on the instant factory building, restaurant building, and multi-family house building, and was in office as an auditor of the Plaintiff Company.

F. On June 22, 2011, Defendant C received the Sejong District Court’s receipt of the Sejong District Court’s receipt of the claim for ownership transfer registration (hereinafter “provisional registration”) on the instant factory site and building as of June 22, 201.

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