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(영문) 부산지방법원 2019.09.18 2019가합42590
소유권말소등기
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The position of the parties 1) F Co., Ltd. (hereinafter “F Co., Ltd.”)

(1) On October 10, 2005, the company was established for the purpose of real estate sales business, etc., and on March 26, 2010, the registration of dissolution was completed on the grounds of dissolution by a resolution of the general meeting of shareholders on March 26, 2010. (2) The Plaintiffs and Defendant D are shareholders holding 1/4 shares of the non-party company (However, the actual owner of Plaintiff C’s shares is G, the father of Plaintiff C), and Defendant E is Defendant D’s children.

B. On May 21, 2007, the non-party company acquired the ownership of 1,421 square meters and 1,671 square meters in JJ (hereinafter collectively referred to as the “instant land”), respectively, at the time of residence of the non-party company.

B) Since then, on December 21, 2009, the non-party company completed the registration of ownership transfer on the instant land to the resident city on December 21, 2009 due to the acquisition of the public land on December 18, 2009. 2) The non-party company, located in the Busan Dongdong-gu K on January 20, 206, "L building M (hereinafter "M") of the "L building" located in the Busan Dongdong-gu K.

(2) The building of this case is a real estate listed in the attached Form and N (hereinafter referred to as “instant building”).

(B) After acquiring the ownership of the building, the non-party company completed the registration of ownership transfer on February 8, 2010 with respect to the building of Mho, for which the non-party company completed the registration of ownership transfer for the building of this case to the defendant E on the same day.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 6, 7, 10 (including branch numbers; hereinafter the same shall apply)

2. Determination as to the claim against Defendant D

A. The plaintiffs' assertion and defendant D agreed to sell real estate held by the non-party company and distribute one-fourths each of them to the non-party company in order to dissolve the non-party company at the end of 2009. The land of this case also is the land of this case.

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