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(영문) 수원지방법원 안산지원 2017.03.15 2016가단66066
소유권이전등기말소
Text

1. As to each real estate listed in the separate sheet to the Plaintiff, the Defendant shall make on November 2003 the fact that each former District Court rendered the registration office of the former District Court.

Reasons

1. The relevant Plaintiff, based on the facts, is the wife E, whose name prior to the change was the president of a medical corporation D (hereinafter “foreign medical corporation”), and the Defendant (former name: C) is an investor who invested money in the non-party corporation with the non-party F, the husband, together with the non-party F, under the following circumstances.

Since around April 11, 2003, E, the president of the non-party corporation, such as delegation of the right to operate the non-party corporation and its affiliated hospital, was used as the blood transfusion in a acute brain stroke, making it difficult to perform its duties. As such, the Plaintiff, his wife, introduced G from H, a director of the non-party corporation, and delegated G with the authority to operate the non-party corporation I Hospital (hereinafter “instant hospital”).

In addition, E was also granted the right to externally transfer the ownership of the instant real estate to G in the name of a third party, because it is likely that the creditors would be subject to compulsory execution with respect to each forest land listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”).

G in the process of concluding the instant investment prohibition agreement, when the operating funds of the non-party corporation and the instant hospital were insufficient, proposed that “E transferred the ownership of the instant real estate as it has been entrusted with the authority to dispose of the instant real estate to himself/herself, and that “E leased and operated the funeral hall and restaurant in the instant hospital for KRW 400 million.”

F) On November 12, 2003, under the name of the defendant corporation and the non-party corporation under the name of the non-party corporation, which is its own wife, prepares an investment agreement stating that “the defendant invests KRW 400 million in the non-party corporation, but the non-party corporation will take procedures for ownership transfer registration in the name of the defendant with respect to the real estate of this case, and prepare a lease contract with respect to the funeral hall and restaurant within the hospital of this case in the name of the defendant” (hereinafter “instant investment prohibition agreement”). The same applies.

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