수분양자지위확인등
1. Among each of the Plaintiffs and the Defendants,
A. As to the cemetery No. 1. Graveyard A:
B. The plaintiff.
1. Facts of recognition [the grounds for recognition: Facts without dispute, the entries in Gap evidence 1-1 through 4, evidence 2-1, 2-2, evidence 3-1, 2, 3, evidence 4-1, 2, and 3, and the purport of whole pleadings];
A. The Plaintiffs, as indicated in the table below, were sold in lots each cemetery (hereinafter “instant cemetery”) indicated in the separate sheet managed by F (hereinafter “F”) which is the Defendant Incorporated Foundation F (hereinafter “F”) through the Defendant Limited Company E (hereinafter “E”) as indicated in the separate sheet as follows.
(2) On November 29, 201, Plaintiff A1 cemetery No. 16,000,000 on November 25, 201, 201, Plaintiff C, 3, on February 16, 2012, 200, on the date of the sale contract (attached Form No. 1), on which each sale contract was indicated. The sale price (hereinafter “each sale contract”). Plaintiff C, on November 30, 201, was KRW 8,000,000,000 of the cemetery No. 4, the cemetery No. 4, Nov. 30, 201.
B. The Plaintiffs completed the payment of the sales price under the above sales contract.
2. Judgment on the party's assertion
A. The gist of the plaintiffs' assertion 1) since they purchased each cemetery of this case managed by Defendant F through Defendant E, they sought confirmation of the status as a purchaser of each cemetery of this case. If each of the contracts for sale in this case becomes null and void, they seek restitution of the amount equivalent to the purchase price. 2) The defendants Eul did not have been delegated the right to graveyard purchase from Defendant F, and each of the contracts for sale in this case cannot be deemed an act within the scope of the corporate purpose of Defendant E, and the representative act of G is deemed abuse of power of representation without the resolution of the board of directors of Defendant E. Thus, each of the contracts for sale in this case is null and void.
B. The following circumstances, which are acknowledged prior to the determination of the cause of the claim, comprehensively based on the evidence and the evidence Nos. 7-3, Nos. 7-1, 7-2, and the overall purport of the pleadings, namely, ① the representative director of Defendant E at the time of each sales contract of this case, and the directors of Defendant F, together with G, and ② in the case of Defendant F, in particular, “G at the time”.