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(영문) 서울고등법원 2015.08.25 2014나24916

대여금 등

Text

1.The judgment of the first instance shall be modified as follows:

Defendant (Counterclaim Plaintiff) B, Defendant C, and D are the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. Defendant C was a person who was the owner of real estate listed in the attached list, and was promoting the establishment and sale of a charnel grave in the name of “G religious organization H” (a person who reported the establishment of charnel facilities under Articles 15 and 16 of the Act on Funeral Services, Etc. and a natural burial ground development authority) known to Defendant D (F) with his husband since around 2002.

B. On April 26, 2004, Defendant C ordered the Plaintiff to install a charnel house. After completion of the construction, Defendant C, without paying the construction cost, was in charge of the additional construction or borrowed money under the pretext of business expenses, etc.

C. Defendant C, B, and the Plaintiff made a partnership agreement (hereinafter “instant partnership agreement”) with the following content on February 11, 2008, by converting Defendant C’s obligation to the Plaintiff into investment funds, thereby engaging in the business of installing and selling a charnel grave and entering into a partnership agreement (hereinafter “instant partnership agreement”).

(A) The Plaintiff, under the name of Chocheon-gun I, has entered into a partnership agreement. The following arrangements are made with respect to a private charnel facility project located in Hongcheon-gun, Hongcheon-gun, Gangwon-do (hereinafter referred to as "Yancheon-gun").

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

The defendant C and B's investment funds related to the funeral project of Article 3 are 1.1 billion won.

Article 8 (Defendant C and B 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 defendant C and B settled their investments in the second order shall be distributed to the plaintiff, the defendant C and the defendant B to 50:50.

Article 11 Section C and B shall transfer to the Plaintiff 50% of the land and building and the aggregate burial project rights in Hongcheon-gun L, J, K, and M in Gangwon-do at the same time as the contract is concluded.

On March 2, 2009, the above J land is divided into J, N,O, and K land into K, P, and Q and less than each real estate listed in the separate sheet.