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(영문) 서울고등법원 2016.11.30 2015나2046988
대납금 청구의소
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. A. Around July 24, 1996, the Plaintiff was a corporation established for the purpose of the construction machinery facility business, etc., and on August 1, 1996, the business items were registered as a wastewater treatment business, etc. on the ground of the business items. 2) The Defendant’s type C, who is the Defendant, purchased a factory site jointly with D, E, F, G (hereinafter referred to as “the primary shareholder four”), H, I, J, K, K, M, N, P, Q, R (hereinafter referred to as “the second shareholder 11”), and the second shareholder 4 and the second shareholder 11, the Plaintiff agreed to newly construct a factory building on the ground, convert it into an aggregate building, and operate a dormant factory in each part, and then, the Plaintiff acquired a dormant factory in each part.

(C) On August 7, 2003, the Plaintiff entered S in the register of shareholders after acquiring his/her shares in the name of S, a fraud, and registering S.). (3) On or around August 7, 2003, the Plaintiff is the Plaintiff’s land 15,013 square meters of U.S. factory site (hereinafter “the land before the first

(1) On April 9, 2007, the Governor of the Gyeonggi-do purchased Do and completed the registration of ownership transfer under his name on April 9, 2007. On January 5, 2007, after obtaining permission for the installation of wastewater discharge facilities from the Governor of the Gyeonggi-do, the 4-story factory consisting of joint wastewater treatment facilities, fire-fighting facilities, electric facilities, restaurants, etc. for the gold factory of shareholders including C (hereinafter “instant management Dong building”).

(4) On May 26, 2008, the land before the instant first subdivision is divided into 10,060 square meters of V factory site on May 26, 2008 (hereinafter “the land before the instant second subdivision”) and WW factory site on 4,952.9 square meters (hereinafter “WW land”).

4) On May 26, 2008, the Plaintiff completed each co-ownership registration as to the instant W land and the factory building newly constructed on its ground. 5) The Plaintiff, in addition to the instant management building, shall also have three factory buildings for the second shareholder 11.

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