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(영문) 서울중앙지방법원 2015.06.11 2012가합108066

조합재산청산

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On June 8, 1990, the Defendant and the Plaintiff’s father C (the deceased on December 13, 201; hereinafter “the deceased”) entered into a partnership agreement (hereinafter “instant partnership agreement”) under which the Defendant and the Plaintiff would build a pentf building in the land listed in the [Attachment 1] List owned by the Defendant (the administrative district and lot number change before the administrative district and lot number change: D, Gangwon-do; hereinafter “instant land”) and recruit the leased members, and the content of the agreement is “the trade name shall be Emp, the representative shall be responsible for the Defendant, and the profits or losses incurred as a result of the joint investment by the two persons and the funds necessary for the business shall be divided into two parts.”

B. Since then, the Defendant and the Deceased made a contract to the Youngdong Construction Co., Ltd. and the Blus Construction Co., Ltd., and constructed a pented building (which consists of three gates, six gates for each Dong, a total of 18 gates, and a commercial building; hereinafter “instant pents”) listed in the attached Tables 2 and 3, and completed the registration of preservation of ownership in the Defendant’s name on March 3, 192.

(B) Of them, the registration of ownership transfer has been completed in the name of the plaintiff through a third party and the deceased as seen below with respect to 2-dong 103 of the instant pension.

The deceased and the defendant primarily engaged in membership recruitment and fund management. According to the investment settlement statement prepared by the deceased and the defendant around June 1995, the total of 26 members shall be recruited from 1990 to 1992, and the total of 537,30,000 won shall be paid as the security deposit for membership of the pension membership in this case, and the total of 586,333,687 won, such as refund of additional taxes, are 586,33,687 won, and the amount of expenditure is 1,731,97,346 won, and the amount of expenditure is 527,831,830 won (the amount of expenditure is 1,731,97,97,346 won -586,33,687 won ±63,687 won) shall be invested in the pension project in this case. The defendant stated the amount of expenditure as 580,380 won,580.