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(영문) 서울고등법원(춘천) 2019.04.24 2018나1037
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Facts of recognition

The defendant company newly built each apartment house and commercial building of this case is a limited partnership company with major purposes such as housing construction business, housing sale business, rental business, etc.

After its establishment on March 21, 1987, the Defendant Company newly constructed each apartment in attached Tables 3 and 4 (hereinafter referred to as “instant apartment building Jdong,” and each apartment in attached Tables 3 and 4 (hereinafter referred to as “instant apartment building”) and 2 (hereinafter referred to as “instant apartment building”) listed in attached Tables 3 and 4 on the land of 8,832 square meters in Gangwon-gun, Gangwon-gun, Gangwon-do.

After completion of the instant apartment on March 23, 191, the Defendant Company completed each registration of preservation of ownership on the K-dong of the instant apartment on June 28, 1994.

However, registration of preservation of ownership has not been completed without obtaining approval for use under the Building Act. However, registration of preservation of ownership was completed in the name of the defendant company on April 12, 2012 upon the request of the court of execution following the application for compulsory auction by L, a creditor of the defendant company.

The Defendant Company, between the acquisition of shares in this case and the acquisition of shares from 2001 to 2004, was actually operating by C, the husband of the Plaintiff, at the time of May 2001.

At the time, C held shares equivalent to KRW 160 million out of the total amount of KRW 220 million with respect to the Defendant Company in its own name as a general partner and a representative member, and held shares equivalent to KRW 60 million in the remaining 60 million in the name of a limited partner N.

C tried to sell real estate owned by the Defendant Company for KRW 200,000,000 to Police Officers in mid- May 2001. However, for the convenience of the contract, the Defendant Company decided to substitute for a real estate sales contract by transferring the entire shares of the Defendant Company to KRW 200,000,000, and the same content of the contract was prepared.

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