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(영문) 서울서부지방법원 2013.12.12 2013가합31731

대여금

Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

A party-related defendant operated D, E, F (hereinafter “G”), H, I, J, and K as a social welfare foundation for the operation of a child welfare facility, a social welfare center, an operation of a day care facility for older persons, and an operation of a specialized sanatorium for older persons. L was appointed on December 11, 2005 as the defendant's director on December 11, 201, and retired from office on December 11, 201, and actually operated the facility by working as the president in D, E, G, and H, and the plaintiff A is the wife in L, and the plaintiff B is the plaintiff’s wife in L.

The Defendant owned three buildings on the ground of Gangdong-gu Seoul Metropolitan Government (building number: No. 1, 2, and 3) and one building on the ground of Gangdong-gu Seoul Metropolitan Government (Seoul Metropolitan Government No. 1688.2m2, N, 193m2m2, the above Seoul Gangdong-gu Seoul Metropolitan Government M, and one building on the ground of Gangdong-gu Seoul Metropolitan Government.

L had been delegated by the Defendant, and began to substantially operate G from December 2007, and around June 2008, after newly establishing E and registering its business as its representative. At the time, I (I, regardless of whether it was before or after the change of name:O; hereinafter referred to as “I”) was using the third unit among the above buildings owned by the Defendant, and L used the first unit and the second unit among the above buildings.

L around 2008, among the above land buildings owned by the Defendant, removed the remaining buildings except for the building No. 3 where I directly operated and managed by the Defendant among the above land buildings owned by the Defendant, and newly constructed the building and operated the facilities of the Defendant in the building, the medical care center is L to substantially manage the building, and L to contribute the Defendant’s own charges required in the process of building the building, and the Defendant also consented thereto.

Accordingly, the defendant removed the above building No. 1 on July 12, 2008, and on April 9, 2009, three floors of reinforced concrete structure parallel roof are built on the ground of Gangdong-gu Seoul Metropolitan Government M.