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(영문) 대구지방법원 2014.08.21 2014나3274
전세권말소등기 등
Text

1. The plaintiff succeeding intervenor's appeal is dismissed.

2. The costs of appeal shall be borne by the intervenor succeeding to the plaintiff.

purport.

Reasons

1. Basic facts

A. 1) A Co., Ltd. (the Plaintiff before withdrawal from the lawsuit, hereinafter “A”)

A) On April 16, 2007, a corporation established for the purpose of real estate construction business, etc. B and E acquired A from F to build a new building in 2008.2) On October 2, 2008, A purchased land from the Plaintiff’s succeeding Intervenor in Daegu-gu, Daegu-gu, and completed a completion inspection on the said land (hereinafter “H building”) around 2010.

3) On December 2, 2010, A Company A shall provide each of the real estate listed in the separate sheet in the fifth floor of H building (hereinafter “instant real estate”).

On the same day, the registration of ownership transfer was completed on the same day after the completion of the registration of ownership preservation for A. B. A. A. shareholder and management change 1) held 5,000 shares out of 10,00 shares (5,00 shares per share) as a shareholder of A. as of July 24, 2009, and the remainder of 5,000 shares were held in the name of E. 3,00 shares and 2,000 shares in the name of J.

2) On September 18, 2009, during the process of the construction and sale of H building, A Company A borrowed funds from the Plaintiff’s succeeding Intervenor. On September 18, 2009, the Plaintiff’s succeeding Intervenor demanded B to transfer the shares of Company A held by Company B to I and J. 3) on September 18, 2009, the Plaintiff’s succeeding Intervenor changed the shareholder’s name for 2,000 shares (20% shares) out of the shares of Company A to I, and received an agreement from I to confirm that the shares are owned by Company B.

In addition, B, around December 2009, changed the name of the shareholders of the entire shares of A,00 shares (30% of shares) in its own name and received a written agreement from J to confirm that the said shares are actually owned by B.

4) A director of the A company around 2009, K (the head of B and the auditor were B, and on September 18, 2009, K resigned, and B retired on March 31, 2011.

On the other hand, however,

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