logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2014.04.10 2012가합21028
매매대금
Text

1. At the same time, the Defendant received the delivery from the Plaintiff of each real estate listed in the separate sheet, and 2,009,800.

Reasons

1. Basic facts

A. On July 10, 2005, the Plaintiff entered into a contract with the Defendant Company to purchase each real estate listed in the separate sheet (hereinafter “instant real estate”) at KRW 2,009,800,000 (hereinafter “instant sales contract”).

On July 22, 2005, the Plaintiff completed the registration of ownership transfer on the ground of sale under the name of the Plaintiff with respect to the instant real estate on July 2, 2005, and completed the registration of ownership transfer in the name of a new bank (hereinafter “new bank”), a new bank (hereinafter “new bank”) with the maximum debt amount of KRW 1,218,100,000, and received loans from the new bank with the payment of the purchase

B. A lawsuit was filed against the plaintiff on October 13, 2006 on behalf of the defendant company for cancellation of the registration of transfer of ownership in the name of the plaintiff (Seoul District Court Decision 2006Gahap13069). In the above case, "the sales contract of this case where the defendant company operating a real estate rental business sells the real estate of this case, which is its business property, to the plaintiff, constitutes an act of disposal that causes the same result as the transfer or abolition of the whole or essential part of the business of the defendant company, and should undergo a special resolution of the general meeting of shareholders of the defendant company under Article 374 subparagraph 1 of the Commercial Act, but the sales contract of this case which was concluded without a special resolution of the general meeting of shareholders is null and void, so the plaintiff's registration of transfer of ownership completed in the name of the plaintiff." The above judgment was dismissed and finalized by the Supreme Court on October 9, 2008.

C. Although a final and conclusive judgment was rendered to cancel the registration of establishment of the neighboring mortgage of a new bank, the registration of establishment of the neighboring mortgage in the name of the said new bank should be cancelled, and the defendant company shall be cancelled on September 28, 2012.

arrow