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(영문) 창원지방법원 2019.06.27 2018나57350
소유권이전등기 등 말소등기
Text

1. The part against the defendant among the judgment of the court of first instance against the defendant is revoked, and the plaintiff's claim corresponding to the revocation part is revoked.

Reasons

1. Basic facts

A. F Co., Ltd. was running the business of constructing two H apartment units, including the instant apartment units, on the ground of three lots, including Gyeongnam-gun, G, etc. on January 1, 1991, and suspended construction due to financial difficulties.

Since August 201, 2001, I Co., Ltd., and J, the Plaintiff promoted the said new apartment construction project, and obtained approval for the use of apartment on March 16, 2005.

B. The registration of ownership preservation was completed in the name of the plaintiff on April 21, 2004 due to the commission of the registration of provisional attachment or provisional disposition prior to obtaining approval for use.

C. K and L claim for one-half share of each apartment among the apartment of this case is based on the pre-sale agreement dated March 6, 2006.

Upon completion of the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”), K received the provisional registration of L’s right to claim ownership transfer on April 17, 2006. D.

Defendant B, on August 23, 2007, transferred the right to claim ownership transfer with respect to the provisional registration of this case from K on August 24, 2007, and completed the registration of the right to claim ownership transfer on August 24, 2007. Based on the provisional registration of this case on August 23, 2007.

The registration of ownership transfer as stated in paragraph (1) (hereinafter referred to as “instant ownership transfer registration”) has been completed.

E. Defendant C claimed the instant apartment due to the purchase and sale on August 27, 2008.

Upon completion of the registration of transfer of ownership as stated in paragraph (1) (hereinafter “instant registration of transfer of ownership”), Defendant DDR (hereinafter “Defendant D”) filed a claim regarding the instant apartment.

The registration of establishment of each of the places mentioned in paragraph (1) was completed (hereinafter "registration of establishment of each of the places mentioned in this case").

F. M does not hold the Plaintiff’s general meeting or the board of directors on February 5, 2007, by dismissing the director K and N, and M andO as each director, P as auditor, and M as representative director, the extraordinary general meeting minutes of the board of directors, written consent of taking office, and minutes of the board of directors.

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