공동운영권확인 등
1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.
1. The following facts of recognition do not conflict between the parties, or may be acknowledged by taking into account the following facts: Gap evidence Nos. 1 to 5, Gap evidence No. 7, Eul evidence No. 8, Eul evidence No. 9, Eul evidence No. 15, Eul evidence No. 15, and testimony of the first instance trial witness Q of the first instance trial.
On October 2001, J and K entered into a partnership agreement with L Co., Ltd. to take over the instant golf driving range project under the name of K, and to distribute 1/2 of all kinds of expenses, including the acquisition cost and operating expenses, in the name of K in the case of only the building of the golf driving range (hereinafter “instant golf driving range project”). Accordingly, on November 12, 2001, M Co. and L Co., Ltd, the owner of the instant golf driving range building and its ancillary facilities, purchased all of the instant building of this case, including the building of this case, ancillary facilities, business rights, etc. from L Co., Ltd., in the name of K on December 29, 201, and completed the registration of ownership transfer under the name of K on December 29, 2001, and the J and K under the said agreement to operate the said golf driving range.
B. On August 3, 2009, J and K agreed not to raise any objection, even if they independently sell their respective shares as partners of the instant golf practice range, 50:50.
After that, on April 22, 2011, K sold to the Defendant a total of KRW 600 million on the instant golf driving range project, and completed the registration of ownership transfer on the instant golf driving range building on April 25, 201, and the Defendant completed the registration of ownership transfer on the instant golf driving range project. After acquiring from K the 1/2 shares of K on the instant golf driving range project, he operated the instant golf driving range project after performing the interior and repair work on the instant golf driving range building.
C. The J shall bring a lawsuit against K seeking the return of its contribution on October 27, 201.