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(영문) 대구고등법원 2018.04.18 2017나23746
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2. The defendant.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company established on June 1, 2006 and engaged in real estate sales business and lease business. 2) The Plaintiff and the Defendant are the Plaintiff’s shareholders holding 50% shares issued by the Plaintiff. C is in the status of suspending the performance of duties due to a provisional disposition rendered in the Daegu District Court’s Pohang Branch 2012Kahap129 and the provisional disposition for appointing an acting representative, while in office as the representative director of the Plaintiff, and the Defendant is the Plaintiff’s internal director.

3) Meanwhile, on September 6, 2013, an attorney L was appointed as the Plaintiff’s representative director as the Plaintiff’s representative director in the instant provisional disposition disposition rendered by the Daegu District Court Branch 2012Kahap129, which became final and conclusive in the instant Daegu District Court’s Port Branch 2012Kahap129. B. The instant land D (hereinafter “instant land”).

(C) On August 16, 2004, C, Defendant, and E purchased the instant land and completed the registration of ownership transfer in the Defendant’s Chok F on the same day. On December 24, 2010, C and the Defendant purchased E’s shares out of the instant land and completed the registration of ownership transfer on the said land under the Plaintiff’s name on January 4, 201 after completing the registration of ownership transfer on the said land. (C) around June 2006, the Plaintiff, such as the purchase of the G land in the north-gu, Northern-gu, Chungcheongnam-gu, Mapoon-si, and Y H 1,539 square meters (the land secured by the development recompense is 1,541.2 square meters in the land secured by the development recompense and the land secured by the development recompense, hereinafter referred to as “G land”).

(D) From around July 2008, the construction of a new building was commenced on G land and completed around August 2009. D. Now, 16 of August 16, 2004 on the date of registration of cancellation of the maximum debt amount (the secured debt amount) of the debtor, the mortgagee of the right to collateral security (the secured debt amount) on August 16, 2004 (hereinafter referred to as the “Spool Fisheries Cooperatives”) 390,000,000 (30,000,000) on April 23, 2013 (the alteration to the Plaintiff on January 18, 201), Plaintiff 10,000,000 IF on April 23, 200, 200, 100,000 IF on September 20, 200 (FF0,000,0000,000,000 August 18, 2015).

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