채무부존재확인 등
1. The part against the plaintiff falling under the following among the judgment of the court of first instance shall be revoked:
The plaintiff.
Basic Facts
The relevant plaintiff (formerly named medical corporation E) of the parties is a medical foundation in progress of the liquidation procedure as of August 4, 2006 after dissolution on July 26, 2006 and completed the registration of dissolution on August 4, 2006. The defendants are investors who invested money in the plaintiff as the husband or wife under the following circumstances:
Around April 11, 2003, the Plaintiff’s president, such as delegation of F’s operating authority to the Plaintiff and the instant hospital, etc., was used as the blood transfusion in a acute brain is difficult to perform its duties. As the Plaintiff’s former president, such as delegation of operating authority to the Plaintiff and the instant hospital, introduced I from his wife G and H, the Plaintiff’s director, and delegated I with the authority to operate the instant hospital (hereinafter “instant hospital”).
In addition, F had concerns over being subject to compulsory execution with respect to K forest land of 100,959 square meters, and 11 lots of land (hereinafter “instant real estate”) owned by G from creditors, F also granted the right to transfer the ownership of the instant real estate to I in the name of a third party to the outside.
The first wife L was appointed on October 21, 2003 as the president of the Plaintiff’s office.
I suggested that "F transferred the ownership of the real estate in this case as it was entrusted with the authority to dispose of the real estate in this case, and leased and operated the funeral hall and restaurant in this case in KRW 400 million as the Plaintiff and the instant hospital did not meet the operating funds of the Plaintiff and the instant hospital."
Defendant D, in its name on November 12, 2003, prepared an investment agreement stating that “Defendant B shall invest KRW 400 million in the Plaintiff, but the Plaintiff shall perform the procedures for ownership transfer registration in the name of the person designated by Defendant B with respect to the instant real estate for the preservation of the said investment amount, and shall prepare a lease contract in the name of Defendant B with respect to the funeral hall and restaurant within the instant hospital.”