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(영문) 울산지방법원 2017.04.05 2016나23359
소유권이전등기 말소
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. The court's explanation on this part of the basic facts is identical to the pertinent part of the reasoning of the judgment of the first instance, and thus, citing this as it is in accordance with Article 420 of the Civil Procedure Act.

2. Summary of the plaintiff's assertion

A. Since June 2002, E, the representative director of the Plaintiff, operated real estate-related business from Defendant B and Defendant B. On March 21, 2006, one half of the instant real estate was jointly purchased from G to KRW 595,00,000, and completed the registration of ownership transfer for the said shares in Defendant B’s name on October 31, 2006.

B. E bears KRW 200,000,000 out of the above purchase price, and was entitled to the instant shares out of the above shares in Defendant B’s name, but completed the registration of ownership transfer under the Plaintiff’s name after returning the instant shares from B on October 24, 2012.

C. However, on April 17, 2014, the Defendants completed the registration of ownership transfer for the instant shares without any title.

Therefore, the registration of each transfer of ownership in the name of the Defendants is a registration of invalidation of the cause of termination without permission, or is a case where Defendant B and his spouse, the Plaintiff’s inside director at the time of transfer of ownership, are traded with the Plaintiff without approval of the board of directors, and thus, constitutes a transaction with the Plaintiff without approval of the board of directors.

3. Determination

A. In order for the Plaintiff to seek the cancellation of the ownership transfer registration completed in the name of the Defendants with respect to the instant shares, the Plaintiff must first assert and prove that the Plaintiff had the title to file a claim for the cancellation thereof. If it is not recognized that the Plaintiff has such title, the Plaintiff’s claim may not be accepted even if the registration of invalidity for the registration of ownership transfer under the name of the Defendants is invalid.

(See Supreme Court Decision 2004Da50044 Decided September 28, 2005, etc.). B.

In light of the above legal principles, even if we accept all the plaintiff's assertion about this case.

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