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(영문) 전주지방법원군산지원 2020.07.09 2018가합51107
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 13, 2004, the Plaintiff, Defendant C, and D purchased real estate listed in the [Attachment 1] List, and completed the registration of ownership transfer in the name of the Plaintiff. On April 9, 2007, the Plaintiff, Defendant C, and D contributed the instant real estate No. 1 to the Defendant Medical Corporation B (hereinafter “Defendant Foundation”), and the Defendant Foundation was established on the same day.

(However, on April 19, 2007, the date on which the first real estate of this case has been registered under the name of the defendant foundation.

The Defendant Foundation established and operated a F Hospital, a medical institution from June 1, 2007, and installed and operated a G funeral hall on the ground of the real estate listed in the list of [Attachment 2] (hereinafter “instant real estate 2”) from July 31, 2009.

C. Meanwhile, on September 13, 2004, the Plaintiff completed the registration of ownership transfer on the ground of sale as of September 13, 2004 with respect to the second real estate of this case on September 13, 2004. Defendant C and E completed the registration of ownership transfer on March 22, 2007 with respect to each of the first/2 shares among the second real estate of this case on March 22, 2007.

Since then, on April 17, 2015, Defendant C transferred Defendant E’s share of Defendant E (hereinafter “instant share transfer”) among the instant real estate on April 17, 2015 and completed the entire share transfer registration based on the transaction as of April 7, 2015 (hereinafter “instant share transfer registration”).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1- 5 (if there are additional numbers, including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendant Foundation, C, and D agreed to set up the dividend payment claim against the Defendant Foundation, the Plaintiff, Defendant C, and D to set up the Defendant Foundation at 33% of their shares in contribution, respectively, and to receive the dividend payment according to the operation of the Defendant Foundation at the end of each year.

The Defendant Foundation paid dividends to the Plaintiff from around 2008 to 2012 while operating the F Hospital and G funeral hall. However, from around 2014, the Defendant Foundation paid dividends to the Plaintiff.

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