logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2020.02.26 2019나2011454
토지인도
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

Basic Facts

Since January 1, 1991, the Plaintiff and the representative director of the Defendant began to work in the prefabricated Building Construction Business chain D operated by the Plaintiff from January 1, 1991.

On August 31, 1993, the Plaintiff and C established E Co., Ltd. (the trade name was changed to B Co., Ltd. on April 22, 2003, and Y Co., Ltd. on June 14, 2019; hereinafter “Defendant, regardless of whether it was before or after the mutual change; hereinafter “Defendant”), and C was the Defendant’s representative director, and the Plaintiff was the Plaintiff’s director. From October 25, 2005, the Plaintiff was the Defendant’s representative director, and C was the Defendant’s director, and the Plaintiff operated the company together.

The conflict between the plaintiff and C has occurred, and the plaintiff retired from office on October 13, 2013 after resignation from office as director and representative director, and C was appointed as representative director.

Meanwhile, since the establishment of the defendant, the plaintiff holds 27.67% of the shares of the defendant (16,600 shares issued at the time of the establishment of the defendant and 27,668 shares out of 60,00 shares issued at the time of the establishment of the defendant).

On October 19, 2003, the name of the administrative district was changed from Macheon-gun to Macheon-si.

The F Land and each building listed in the attached Table 3 list (hereinafter “each building of this case”) are indicated as “AA” in the H, Z, and the attached Table 1-4 (Real Estate Sales Contract) but as the document No. 8-2 (Land Register) states as “Z”, the document No. 8-2 (Land Register) states as “Z”.

The ownership transfer registration of the Plaintiff, Defendant, and C was completed from around 1995 to 2004 as follows.

On July 13, 1995, 12,397 square meters of Fancheon-gun, Macheon-gun, which was H owned on July 13, 1995 (hereinafter “Yancheon-gun G Ri”), each ownership transfer registration was completed in the name of the Plaintiff with respect to shares 1,157/12,397 in the name of the Plaintiff, 1,48/12,397 in the name of the Plaintiff.

On November 10, 1995, F forest land of 12,397 square meters was divided into F forest land of 1,590 square meters, I forest land of 10,807 square meters, and F.

arrow