채무부존재확인 등
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff is a medical foundation (hereinafter “Plaintiff Foundation”) whose name is changed from “Medical Corporation E” to “A,” and whose name is dissolved and the liquidation procedure is in progress. The Defendants are investors in the Plaintiff Foundation as married couple.
B. Around April 11, 2003, F, the president of the Plaintiff Foundation, introduced I from his wife G and from H, a director of the said Foundation, and delegated I the authority to operate the Plaintiff Foundation and the said Foundation “J” (hereinafter “instant hospital”).
In addition, due to concerns over compulsory execution with respect to the 11 lots outside the K Forest and field of land owned by the G, the authority to transfer the ownership of the said real estate to a third party was granted to I.
C. On October 21, 2003, I assumed his wife as the president of the Plaintiff Foundation and operated the Plaintiff Foundation and the instant hospital, which led to the shortage of operating funds, the I suggested that “F transferred the ownership of the instant real estate as security that it had been entrusted with the authority to dispose of the instant real estate, and leased and operated the funeral hall and restaurant in the instant hospital for KRW 400 million.”
Accordingly, on November 12, 2003, Defendant D prepared an investment agreement stating that “Defendant B shall invest KRW 400 million in the Plaintiff Foundation; however, the Plaintiff Foundation shall take procedures for the registration of ownership transfer in the name of Defendant B with respect to the instant real estate for the preservation of the said investment amount; and shall prepare a lease agreement with respect to the funeral home and restaurant within the instant hospital in the name of Defendant B” (hereinafter “instant investment agreement”); on the same day, from the Plaintiff Foundation, the lessor Foundation, lessee B, and lease deposit amount of KRW 400 million in relation to the said funeral home and restaurant.