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(영문) 광주지방법원 2019.05.17 2018나59754
소유권이전등기말소등기
Text

1. Revocation of the first instance judgment.

2. As to each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff purchased each real estate listed in the separate sheet (hereinafter “instant real estate”) and land for factory C in emulation, and completed the registration of ownership transfer in the name of the Plaintiff on October 7, 2015.

B. The Plaintiff paid KRW 414 billion for the purchase price of each of the instant real estate and C real estate as the amount borrowed from D and the amount of loans received from E Association.

On September 30, 2015, in order to obtain the above loan, the Plaintiff changed the representative director of the Plaintiff from the former joint representative director F and G to D, and D guaranteed the above loan obligation.

C. On July 2016, 2016, the Plaintiff’s internal director F, G, and auditor H, a shareholder of the Plaintiff, prepared a written resolution (hereinafter “instant resolution”) with the following contents as a patrol officer, and D did not call a board of directors separately.

On September 30, 2015, the resolution of appointment of D among the plaintiff's executive officers as internal director and representative director was made, and the next resolution is made to delegate it to the current internal director and representative director.

The following agenda items:

1. All real estate in this case and C real estate

2. New issuance of passbooks and receipt and disposition of the purchase price pursuant to the above disposition under paragraph (1).

3. A resolution shall be adopted to issue a certificate of personal seal impression for selling real estate following the disposal of the foregoing real estate and to conclude a sales contract.

4. Until all of the above real estate is disposed of, the following items and the plaintiff internal director and representative director D will continue to exist:

A delegating Person and Resolution: In-house Directors G, In-house Directors F, Auditor H: Plaintiff In-house Directors and Representative Director D

D. On August 15, 2016, D, as the representative director of the Plaintiff, entered into a sales contract with the Defendant, whose spouse I, as the representative (director) and D and I, each of whom hold 50% shares of 50%, with respect to the instant real estate and C real estate, KRW 500 million (hereinafter “instant sales contract”), and the Defendant.

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