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(영문) 서울고등법원 2019.06.12 2018나2020949
소유권이전등기말소 등
Text

1. The Plaintiff’s appeal against the Defendants and the claims against Defendant C, E, and F expanded in the trial are all dismissed.

2.

Reasons

1. Basic facts

A. 1) The Plaintiff was divided and established on December 30, 2009 from G Co., Ltd. (hereinafter “Plaintiff”) with the aim of housing and commercial building construction, real estate lease, sales business, etc. as a company for the purpose of housing and commercial building construction, real estate lease, sales business, etc.

(2) Defendant E, who entered the Plaintiff on December 13, 1993, was in charge of the Plaintiff’s affairs of conversion of rental apartment management as a director of the operating headquarters from April 14, 201 to October 26, 201, from October 27, 2011 to February 21, 2014.

3) The mother of Defendant E, Defendant F is the mother of Defendant E, and Defendant F is the mother of Defendant E, Defendant D is the mother of Defendant F, Defendant H is the mother of Defendant F, and Defendant F is the mother of Defendant F, and Defendant F is the mother of Defendant F. The J, K is the omission of Defendant F, and L, M, and N is the steering car of Defendant E, and C is the husband, P, and Q is the type of the type of Defendant E. 4. Defendant B (the trade name was “stock company R,” and changed as of June 11, 2014) is a company with the aim of real estate leasing business as its representative director, and the company and T (hereinafter “T”) is a company with which Defendant F’s mother, who is the father of the company for the purpose of real estate leasing business.

B. Construction 1) The Plaintiff has been running a business of constructing and leasing rental housing, and preferentially converting it into lots to tenants who have resided in the relevant rental housing after the expiration of the mandatory rental period. 2) Each real estate listed in the attached Tables 2 through 5 (except each real estate listed in the attached Tables 8, 9 and 5 Nos. 7) is a household in which the Plaintiff had not been leased from the beginning among the rental housing constructed by the Plaintiff, or a lease contract was not concluded due to the lessee’s termination of the lease contract before conversion into lots or waiver of the right to sell the leased housing.

C. The plaintiff, who entered into each of the instant sales contracts, is attached to the defendant B.

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