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(영문) 서울고등법원 2015.12.16 2014나2039280
매매대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On March 4, 1994, the Defendant, D, E, C, P, and Q, who are the Defendant’s three villages, share transfer registration is completed on June 4, 1994, based on the bid price of 1,328,13 square meters in total in the name of the Defendant, D, and E, G, H, I, and I forests (hereinafter “instant land”).

The external form P was L, Q was equipped with M.

B. On February 27, 1996, the company established J Co., Ltd. (hereinafter “instant company”) with the total number of shares issued on 12,000 shares as 12,00 shares, and D’s wife 1,50 shares, and D’s wife 500 shares, Defendant, E, and C’s wife N, L, and M owned each 2,00 shares.

C. On March 26, 2004, the total number of shares issued by the instant company increased from 12,00 to 72,000 shares, and NN has increased from 12,00 shares to 72,00 shares, as well as from 1/3 shares and shares of the instant company. Accordingly, E completed the transfer registration of shares with respect to the instant land on September 6, 1997, and N in 4,000 shares, among the total shares of the instant company 12,00 shares, owned 2,00 shares, respectively.

C’s default of business and confirmation document 1) C operated T and borrowed business funds from the Plaintiff and the wife, and the Plaintiff was in default on April 2008. The Plaintiff is NN’s husband. 2) The Plaintiff is NN’s husband on April 2, 2008. The instant land is jointly owned by the Defendant and D, and the land is 5, W, X, Y, and Z(hereinafter “related land”) on the registry.

AA or the defendant. However, the land of this case and the land related thereto are actually owned by 1/3 shares, respectively, by D, the defendant, and N, and are under title trust to the defendant, D, and A for convenience, and 2 shares of the company of this case owned by N are owned by N.

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