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(영문) 서울남부지방법원 2017.11.24 2015가합7276

잔여재산분배 등

Text

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

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

Reasons

1. Basic facts

A. The Plaintiff and Defendant C entered into a contract between the Plaintiff and the Defendant C, and Defendant C was the owner of each of the instant graveyards, and Defendant D (the name of law: F) was well known with Defendant B, the husband of whom around 2002 was the husband, and the authority to grant permission for the creation of charnel facilities and natural burial grounds under Articles 15 and 16 of the Funeral Services, etc. Act.

(2) On April 26, 2004, Defendant C awarded a contract for the establishment of a charnel house to the Plaintiff on April 26, 2004. Even after the completion of the construction, the Plaintiff was in charge of additional construction or borrowed money on the pretext of business expenses, etc.

B. The following arrangements are made with respect to the business of private charnel facilities located in Hongcheon-gun, Hongcheon-gun H (hereinafter “BB”) between the Plaintiff, Defendant B, and Defendant C to enter into a partnership agreement with the Plaintiff, Defendant C, and Defendant C as follows.

Article 1. The plaintiff's investment funds related to the funeral project is 48,0810,000 won.

Defendant B and C’s investment in connection with the crypty project of Article III is confirmed to be KRW 1.1 billion.

Article 8 (Defendant B and C shall not prepare a sales contract with a third party or receive the sales price without the consent of the plaintiff.

Article 9. The plaintiff's investment shall be settled preferentially with the proceeds from sale, and the additional proceeds accrued after the settlement of the investment funds of the defendant B and C in the second order shall be distributed to the plaintiff, defendant B and C to 50:50.

Article 11 (Defendant B and C shall, at the same time as the contract is concluded, transfer 50% of the land and building and charnel C located in Hongcheon-gun in Gangwon-do, Hongcheon-gun, H, J, and K to the Plaintiff.

1) On February 11, 2008, the Plaintiff entered into a partnership agreement with Defendant B and C, by converting Defendant C’s claim against Defendant C into an investment, to operate a business of building and selling charnel seedlings, and entered into a partnership agreement with the following contents (the Plaintiff entered into the partnership agreement in the name of Cho Jaein G.

(2) On March 2, 2009, the above H land is H, L, M, and J land is J, N, andO.