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(영문) 서울중앙지방법원 2014.02.13 2011가합99622
소유권보존말소 등
Text

1. The instant lawsuit shall be dismissed.

2. The costs of litigation shall be borne by AO;

Reasons

1. As to each real estate listed in the separate sheet No. 1 of the plaintiff's claim, each registration of preservation of ownership has been completed in the name of defendant B, C, D, E, E, F, G, H, I, J, and each real estate listed in the separate sheet No. 2 in the separate sheet No. 1/9 with co-ownership shares of the defendant B, C, D, E, F, G, G, H, H, I, J, K, L, L, and M. However, since each real estate listed in the separate sheet No. 1 and No. 2 is the plaintiff, each of the above registration of preservation of ownership should be cancelled as a registration invalidation which is not consistent with the substantive relationship, and each of the above registration of preservation of ownership should be cancelled as a registration invalidation which is the right holder of each provisional disposition for each of the above real estate. The above registration of preservation of ownership should be cancelled as a third party's interest in each of the above real estate.

2. Determination on this safety defense

A. Defendant B, C, AF, AP, Q, R, and AL are the Plaintiff’s shareholders. AS is the Plaintiff’s shareholder; AS is the Plaintiff’s acquisition of shares from AP; AT is the Plaintiff’s acquisition of shares from AP; AU owns 40,800 shares out of the Plaintiff’s shares issued by the Plaintiff following the termination of title trust with respect to the shares in the name of AL, AS, 21,60 shares, 36,00 shares, and 22,80 shares, respectively.

However, AO is held without convening a notice to AP, AR, AL, Q, or any other person who has taken over shares from AS, AT, and AU, which are shareholders of the plaintiff's majority, without attending the above shareholders' meeting, and thus invalid or non-existent temporary shareholders' meeting or temporary shareholders' meeting is held, and there is no authority to represent the plaintiff, who is elected as the director and representative director of the

Nevertheless, AO filed the instant lawsuit on behalf of the plaintiff who is a stock company, and the instant lawsuit is unlawful as it is filed by a person who has no power of representation of the plaintiff.

B. 1) The Plaintiff is a corporation AV (hereinafter “AV”) on March 31, 2002.

AV, February 8, 199, as a changed company, shall be February 8, 199.

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