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(영문) 울산지방법원 2017.08.31 2016가합2242
소유권말소등기
Text

1. As to Defendant B,

A. Defendant C and Defendant D are 263/302 of 3,302 square meters of 3,302 square meters of 3,302 square meters of 527/302 of shares in Ulsan-gu E.

Reasons

1. Determination as to the claim against the defendant B

A. On March 21, 2006, the Plaintiff purchased 527/3,302 shares of the 1/2 shares of the 3,302 square meters of the 3,302 square meters of Ulsan-gu E (hereinafter “instant real estate”).

Therefore, Defendant B is obligated to implement the registration procedure for partial transfer of shares on the ground of sale as of March 21, 2016 with respect to 527/3,302 shares out of 1/2 shares in real estate to the Plaintiff.

(b) Article 208(3)2 of the Civil Procedure Act of the applicable law and Article 208(3)2 of the Civil Procedure Act

2. Determination as to the claim against Defendant C and Defendant D

A. 1) Conclusion of the Convention and the F Co., Ltd. (hereinafter “F”).

(A) The Plaintiff and Defendant C entered into an agreement on the operation of the real estate office around June 2002, and the business profit was jointly distributed in relation to the distribution of profits, and the individual investment profit was determined to have an individual.

B) On April 24, 2006, the Plaintiff and Defendant C established F who is engaged in real estate development business, real estate sales business, real estate consulting business, etc., and served as the representative director. From August 28, 2012 to August 28, 2012, the Plaintiff entered into a sales contract with Defendant B and Defendant C to purchase KRW 1/2 of the total share of the real estate at KRW 595,00,000,000, and completed the full registration of the share transfer in Defendant C with respect to the share of KRW 1/2 of the real estate on October 31, 2006.

3) On October 24, 2012, Defendant C and Defendant C completed the registration of partial transfer of shares as to the 527/3,302 shares out of the 1/2 shares in real estate on October 24, 2012, as to the F’s 1/2 shares, on October 24, 2012. (4) Defendant C and Defendant D completed the registration of full transfer of shares on April 17, 2014 as to the 263.5/3,302 shares out of the 527/3,302 shares in real estate on April 17, 2014, respectively.

【Ground for recognition” has no dispute, and Nos. 1 through 5

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