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(영문) 서울중앙지방법원 2020.10.29 2018가합539082
소유권이전등기말소청구
Text

The plaintiffs' claims against the defendants are dismissed in entirety.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

Basic Facts

The plaintiff B limited liability company (B; hereinafter referred to as "Plaintiff B") is a company established for the purpose of housing construction business, etc.

Defendant C (hereinafter “Defendant C”) changed the trade name from “Company G” on March 14, 2016 to “F”, and changed the trade name on March 18, 2019 to “stock company C”; hereinafter “Defendant C” regardless of whether it was before or after the mutual change, etc., is a company established for the purpose of export and import business, such as civil engineering, construction, machinery, electricity, electronics, and joint contracts for design, construction, etc.

In around 201, Defendant D and United States I (hereinafter referred to as “I”) established related companies for H District Development Project, pursuant to the Special Act on Designation and Management of Free Economic Zones (hereinafter referred to as the “Special Act”), implemented a project to develop the site of Incheon J District as H District (hereinafter referred to as “H District Development Project”).

on March 18, 2002, K controlled by I (hereinafter referred to as "K") and Defendant D established Plaintiff B by investing in the proportion of 3:7 in order to implement the H district development project, and Plaintiff B was designated as the developer of the H district development project in accordance with the special law.

K owns 70.1% of the shares of Plaintiff B, and Defendant D owns 29.9% of the remainder.

I served as the representative director of Plaintiff B from March 10, 2010 to September 11, 2018.

Around February 11, 2004, L (hereinafter referred to as “L”) established and represented by I was established by Defendant E Limited Company (E; hereinafter referred to as “Defendant E”); L owns 70.1% out of the shares of Defendant E; and Defendant D owns 29.9% of the remainder.

Plaintiff

B The H District Development Project is to establish a subsidiary that implements each sub-project by dividing into various sub-projects, and each real estate listed in the Schedule 2 of the N Buildings (hereinafter “instant site”) in Yeonsu-gu Incheon Metropolitan City M& 24068m2, a part of the above development project, is below the real estate listed in the Schedule 2 of the N Buildings.

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