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(영문) 의정부지방법원 2020.01.15 2017가합57370

청구이의

Text

1. On September 4, 2017, the District Court of Jungyang-si, Seoul District Court against the Plaintiff (Counterclaim Defendant) of the Defendant (Counterclaim Defendant).

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. 1) The Defendant and the Defendant’s husband C (hereinafter collectively referred to as “the Defendant and the other spouse”).

(1) On August 2012, 2012, between the Plaintiff and the Plaintiff, one of the welfare facilities for the aged (hereinafter referred to as “instant housing”) in F and one parcel of land owned by both the Plaintiff and D farming association (representative E) who was a director.

) The Agreement to purchase KRW 520,000,000 (hereinafter “instant sales contract”)

(2) On August 7, 2012, KRW 50,000,000 on August 7, 2012, KRW 40,000 on August 16, 2012, KRW 210,000,000 on August 23, 2012, KRW 100,000 on August 24, 2012, and KRW 100,000 on August 24, 2012, and KRW 520,00,00 on October 120, 202 (hereinafter “the instant sales price”).

2) The instant housing obtained approval for use as a welfare facility for the aged, so it is possible to change its use into a housing for which five years have passed from the date of approval for use.

Accordingly, both the Defendant and the Plaintiff agreed to deliver the instant house to the husband and wife, including the Defendant, immediately, but the transfer of ownership was made after the change of ownership into a house on or around December 2015.

B. On October 2012, married couple, including the Defendant, etc., including the Defendant, etc., invested the same amount as each other with the Plaintiff, and thus, the Defendant, etc., as well as the Defendant, etc. (hereinafter “instant forest”).

(2) The term “convalescent hospital of this case” (hereinafter referred to as the “convalescent hospital of this case”) shall be

(2) The agreement to carry on the partnership business of this case (hereinafter referred to as the “instant partnership business agreement”)

(2) Under the instant trade agreement, the Defendant et al., paid KRW 1,004,00,000 as the purchase price for the instant forest (payment of KRW 530,000,000 with the check, and acquisition of KRW 474,00,000 with the obligation to lend the instant forest land) to the seller of the instant forest. From February 27, 2013 to May 26, 2014, the Plaintiff paid KRW 1,128,00,000 as the construction price for the instant convalescent hospital, etc. from February 27, 2013 to May 26, 2014.

On the other hand, the Plaintiff’s establishment of the instant convalescent hospital in accordance with the instant business agreement.