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(영문) 대구지방법원 2014.01.08 2012가단40254
전세권말소등기 등
Text

1. The plaintiff's successor's lawsuit against the defendant B and C shall be dismissed, respectively.

2. The assignee of the defendant C is the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s new building construction process 1) is a corporation established for the purpose of real estate construction business, etc. on April 16, 2007. Defendant B and E acquired the Plaintiff’s corporation from F in order to build a new building in 2008. (2) On October 2, 2008, the Plaintiff purchased the Plaintiff’s land G land from the Plaintiff’s successor.

The Plaintiff newly constructed a building of the second and seventh stories above ground (hereinafter referred to as “H building”) on the said land and received a completion inspection in 2010.

3) On December 2, 2010, the Plaintiff is entitled to each real estate listed in the separate sheet (hereinafter “instant five floors”) in the fifth floor of H building, located in the fifth floor of H building (hereinafter “instant building”).

2) As of July 24, 2009, Defendant B held 5,000 shares issued in total (5,000 won per share) as of July 24, 2009 as Plaintiff’s shareholder, and held 3,000 shares in E’s name and 2,000 shares in the name of J.

2) While the Plaintiff was running the business of newly building and selling the above H building, on September 18, 2009, the Plaintiff borrowed funds from the Plaintiff’s succeeding intervenor. The Plaintiff’s succeeding intervenor demanded the Defendant B to transfer the Plaintiff’s shares held by the Plaintiff to I and J. 3) on September 18, 2009, the Defendant B changed the name of the shareholder for 2,000 shares of the Plaintiff’s shares (20 percent shares) from the Plaintiff’s shares to I, and received an agreement from I to confirm that 2,00 shares of the said shares are owned by Defendant B.

In addition, Defendant B changed the name of the shareholder of 3,000 shares of the Plaintiff’s shares (30% shares) to J on December 2009, Defendant B received an agreement from J to confirm that the said shares are actually owned by Defendant B.

4) Meanwhile, at the time of 2009, the Plaintiff’s director K (Defendant B’s mother) and the auditor were Defendant B. On September 18, 2009, the director K resigned on September 18, 2009 (Defendant B’s resignation on March 31, 201).

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