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(영문) 서울고등법원 2016.06.02 2015나2022685
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

1. The reasoning for this part of the reasoning is the same as that of the judgment of the court of first instance, and thus, this part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination:

A. The Plaintiff’s assertion and the Defendant agreed to transfer each of the instant private land to the Plaintiff in the course of discussions on the purchase of each of the instant private land, where the sales contract on the instant private land was not sexually void or it becomes impossible to proceed with the instant business.

(hereinafter) The Plaintiff’s assertion was agreed upon. The Defendant presented whether to approve the instant agreement through discussions in society and resolution of the board of directors as an agenda item of a temporary general shareholders’ meeting. A resolution was adopted at a temporary general shareholders’ meeting held on August 24, 2012 to approve the said agenda item, thereby becoming effective.

Therefore, the Defendant is obligated to implement the procedure for the registration of ownership transfer with respect to each of the private land of this case to the Plaintiff.

B. Determination 1) First, the Plaintiff’s assertion appears to mean that the Defendant agreed to transfer the instant private land to the Plaintiff without compensation. 2) According to the Plaintiff’s health class, Gap’s evidence 18-1, Gap’s evidence 19-2, and Gap’s evidence 20-1 on July 25, 2012, the Plaintiff’s argument was discussed to the effect that “the grounds for which the Plaintiff purchased the instant private land in the future with respect to the purchase of each of the instant private land shall transfer the ownership to the Plaintiff,” among the agenda items of the temporary shareholders’ meeting on August 24, 2012, the Plaintiff agreed to the effect that “the grounds for which the Plaintiff purchased the private land in the future with respect to the purchase of the private land in the instant case shall transfer the ownership of the Plaintiff at the time of the purchase without compensation.”

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