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(영문) 수원지방법원 2017.01.13 2016나50464
건물인도 등
Text

1. The decision of the court of first instance against the defendant in excess of the following portions shall be revoked, and such revocation shall be revoked:

Reasons

1. Basic facts

A. On July 24, 1996, the Plaintiff was a corporation established for the purpose of construction machinery facility business, etc., and registered its business on August 1, 1996 with its business items as wastewater treatment, etc.

B. Nonparty F purchased a factory site in collaboration with G, H, I, J (hereinafter referred to as “fourth shareholder”), K, L, M, M, N,O, P, Q, Q, R, T, and U (hereinafter referred to as “third shareholder 11”, and, if referring to 4th shareholder and 11 second shareholder, hereinafter referred to as “15th shareholder”) in collaboration with 11 shareholders, and newly constructed a factory building on the ground, converted it into an aggregate building, and agreed to operate a gold factory in each section of exclusive ownership to convert it into an aggregate building, and acquired the Plaintiff who was a Dormant.

(F) The F acquired its shares in the name of V, which is a fraud, and entered V in the register of shareholders.

On August 7, 2003, the Plaintiff purchased Written factory site 15,013 square meters from the Korea Land Corporation (hereinafter “the instant primary land”). On April 9, 2007, the Plaintiff completed the registration of ownership transfer under its name. On January 5, 2007, after obtaining permission for the installation of wastewater discharge facilities from the Governor of the Gyeonggi-do, the Plaintiff newly constructed a four-story factory building consisting of a common wastewater treatment facility, fire-fighting facility, electric facility, restaurant, etc. (hereinafter “instant management building”). On September 27, 2007, the Plaintiff completed the registration of ownership transfer under its name on September 27, 2007.

On May 26, 2008, the land before the first subdivision was divided into X factory site 10,060.4 square meters (hereinafter “the second subdivision of this case”) and Y factory site 4,952.9 square meters (hereinafter “the instant Y land”).

hereinafter referred to as "the first division of this case"

A) On May 26, 2008, 4 shareholders of the first shareholder completed their co-ownership registration as to the land of this case Y and the factory building newly constructed on its ground. E. In addition to the instant management building, the Plaintiff newly constructed three factory buildings for the second shareholder 11 (a factory operation, a factory 1 operation, a factory 2 operation, and a factory 3 operation, respectively.

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