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(영문) 수원지방법원 2016.04.21 2014나45338
소유권말소등기
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. Nonparty D, while serving as the representative director, retired on May 8, 201, and died on February 16, 2014.

B. C, the husband of D, was appointed as the Plaintiff’s auditor on May 8, 2008, and retired from the audit on March 31, 201, and was appointed as the Plaintiff’s internal director on October 15, 2015.

C. The Defendant, who is the mother of D, was appointed as the Plaintiff’s director on May 8, 2008, and retired from office on May 8, 2014.

On April 15, 2005, the Plaintiff purchased the real estate listed in the separate sheet (hereinafter “instant real estate”) from 145,648,000 won from Daco Co., Ltd. (former trade name: Sejong Industrial Development Co., Ltd.; hereinafter “Skco”), and completed the registration of ownership transfer on August 31, 2005 by the Suwon District Court Anyang Branch of the Suwon District Court for the instant real estate on August 31, 2005.

E. On April 19, 2010, the Plaintiff completed the registration of transfer of ownership stated in the purport of the claim (hereinafter “registration of transfer of ownership”) to the Defendant on the grounds of sale as of March 22, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 6, 11, and the purport of the whole pleadings

2. The defendant asserts that since the defendant resigned from the plaintiff's internal director, the lawsuit of this case brought by the retired C as the plaintiff's representative shall be dismissed in an unlawful manner.

The instant lawsuit filed on behalf of the Plaintiff is lawful, regardless of whether the retired auditor is entitled to represent the company in the lawsuit against the director, since C was appointed as the Plaintiff’s internal director on October 15, 2015 and the Defendant retired from the Plaintiff’s internal director on May 8, 2014.

Therefore, the defendant's main defense is without merit.

3. The key issue of the instant case is that the Plaintiff agreed to title trust the instant real estate to the Defendant on March 22, 2010, and completed the registration of title transfer on April 19, 2010.

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