투자지분확인청구의 소
1. The Defendant (Counterclaim) is related to the F hotel investment and operation business in each real estate listed in the separate sheet.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. 1) Defendant B entered into the first and second-class partnership agreement. The real estate listed in [Attachment List No. 1] on September 19, 2007 (hereinafter “the fourth-story part of this case”).
As to G, the real estate listed in paragraph 2 of the attached list on the same day (hereinafter “the fifth floor of this case”) and the combination of each real estate listed in the attached list shall be “the building of this case”.
(2) On September 7, 2007, Defendant B completed the registration of ownership transfer on the ground of sale and purchase. (2) From around that time to around 2012, H and G jointly operated the “Iwe Holdings” in the instant building. On behalf of G, H decided to withdraw from the relationship of “Iwe Holdings” if other investors are recruited, and it appears that H delegated H the authority to conclude a sales contract on the fifth fifth floor of this case.
On December 28, 2012, the Plaintiff, Defendant C, and Defendant E’s husband J of the instant building changed the use of the whole of the instant building to a lodging establishment, and subsequently, the Plaintiff and Defendant E agreed to jointly invest all necessary expenses for the lodging establishment’s business according to the prescribed shares of investment.
Article 1(General Provisions) “A” (G’s agent H) and “B (Plaintiff, Defendant C, and J)” (the Plaintiff, Defendant C, and J) shall, under the responsibility of Party A, obtain the approval of the change of the use of the entire building of this case to a lodging establishment from an administrative authority, agree to jointly invest as follows:
Article 2 (Investment Amount and Values of Buildings by Each Investor)
1. A: Investment in kind in the building of this case and the land shares: Investment in 1 billion won in cash (in addition to shares in investment);
2. verify that the amount of bank loans to the above real estate owned by A is KRW 1.6 billion, and the assessed value of the building shall be the final settlement key after one year from the commencement of hotel business in accordance with the separate criteria set aside.
Provided, That the assessed amount at the time of this contract shall be 2.7 billion won monthly sales of the hotel.