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(영문) 청주지방법원 충주지원 2018.01.17 2017가단22059
구상금
Text

1. The Defendant’s KRW 44,878,468 as well as the Plaintiff’s annual rate from March 27, 2017 to January 17, 2018, and the following.

Reasons

1. Facts of recognition;

A. C Forest land 2,357 square meters (divided into D forest land 139,663 square meters; hereinafter “instant land”) was owned by the Plaintiff. The registration of ownership transfer was completed on July 17, 2012 between the Plaintiff E and the Defendant on the ground of sale and purchase as of June 15, 2012 between the Plaintiff E and the Defendant (hereinafter “instant sales contract”).

B. The first sale contract of this case was based on the Plaintiff’s resolution on the extraordinary general meeting of October 16, 201 (hereinafter “instant resolution”). However, the Plaintiff’s final cause F, etc. filed a lawsuit seeking confirmation of the invalidity of the instant resolution against the Plaintiff, who represented Cheongju District Court Decision 2012Kahap1222, and filed a lawsuit seeking confirmation of the invalidity of the instant resolution against the Plaintiff, as Cheongju District Court Decision 2012Kahap122, May 2, 2013 (hereinafter “instant judgment”), and the said judgment became final and conclusive thereafter.

[The appellate court of the instant case (Cheongju), 2013Na806, which was the appellate court of the Daejeon High Court (Cheongju), and August 19, 2014, rendered a judgment that the said lawsuit was terminated due to the withdrawal of appeal from April 23, 2014 by G, which was the new representative of the Plaintiff).

Meanwhile, the aforementioned F et al. filed a provisional disposition of suspending the effect of the instant resolution, etc. against the Plaintiff as the Cheongju District Court Branch Branching 2012Kahap183, and received the cited decision on August 24, 2012 (hereinafter “instant provisional disposition order”).

Plaintiff

On May 15, 2013, the Defendant sent a content-certified mail to the effect that the instant resolution, which forms the basis of the instant sales contract, is null and void, and that the instant provisional disposition and the instant first judgment were rendered. Therefore, the instant first sales contract was also null and void.

E. Nevertheless, the Defendant concluded a contract to sell the instant land to H on July 14, 2014 (hereinafter “instant secondary sales contract”) and completed the registration of ownership transfer on July 15, 2014.

F. The Plaintiff filed a claim against the Defendant and H for the cancellation of ownership transfer registration on the instant land as the Cheongju District Court Decision 2016Gadan21547.

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