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(영문) 수원지방법원 성남지원 2017.01.18 2015가합203222
소유권이전등기말소 등
Text

1. Each primary and conjunctive claim against Defendant C Co., Ltd. and D, and each of them against Defendant B, E, F, and G.

Reasons

1. Basic facts

A. On August 2, 2001, the Plaintiff was established for the purpose of building construction business, engineering work business, etc., and the representative director of the Plaintiff was H from the time of its establishment to March 17, 2004.

Defendant D served as the Plaintiff’s auditor from July 11, 2002 to February 14, 2003. Defendant B is the former husband of Defendant D, and Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company established on January 17, 2006 by Defendant D, and Defendant E, F, and G are the siblings of Defendant D.

B. On January 25, 2002, H and M (Investors against the Plaintiff) purchased from N,O, and P for the purpose of selling Q2,826 square meters of land Q26 square meters (hereinafter “forest land before division”) for the purpose of selling the housing related to electric source, from Gwangju City, which is owned by them, into nine billion won.

C. On May 17, 2002, the forest land before subdivision was divided into 120 farmland, including 539 square meters of I forest land (hereinafter “instant forest land”), 565 square meters of J forest land (hereinafter “instant forest land 2”), 579 square meters of R forest land (hereinafter “instant forest 3 forest land”) and 539 square meters of L forest land (hereinafter “instant 4 forest land”) and 539 square meters of forest land (hereinafter “instant 1, 2, 3, and 4”). The forest land was divided into 120 forest land, including 579 square meters of K forest land (hereinafter “instant forest land”).

C. The registration relationship with regard to each forest of this case is as follows.

1) As to the forest land No. 1 of this case, Suwon District Court, Sung-nam Branch of Gwangju District Office of 2002, May 18, 2002, Defendant D’s transfer of ownership (hereinafter “instant transfer of ownership No. 1-1”).

In addition, on January 31, 2006, the registration of transfer of ownership in the name of Defendant Company (hereinafter “instant registration of transfer of ownership”) was completed in the name of Defendant Company No. 6169, Jan. 31, 2006

(2) As to the forest land No. 2 of the instant case, the registration of ownership transfer was completed in the name of S as of May 18, 2002 under the receipt of No. 2830 on May 18, 2002 (hereinafter “instant No. 2-1”).

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