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(영문) 서울고등법원 2015.01.29 2014나15097
동업자금반환
Text

1. The Plaintiff (Counterclaim Defendant)’s primary claim and expansion, and reduced Defendant (Counterclaim Plaintiff) added at the trial.

Reasons

1. Basic facts

A. The parties concerned both the Plaintiff and the Defendant were those who participated in marriage from around 2003 to 2005 on the premise of marriage, and have been jointly engaged in businesses such as lease of real estate and investment of real estate with A who had been aware of the fact of marriage from around this time.

On the other hand, the defendant is the representative director of C Co., Ltd. (hereinafter "C").

B. The real estate that the Plaintiff, the Defendant, and A jointly purchased or distributed profits from the lease and investment of real estate between the Plaintiff, the Defendant, and the Plaintiff for the same business, including the lease and investment of real estate (hereinafter “instant building”), was the first floor of the building underground in Gangnam-gu Seoul, Seoul, 101, 102, and 103 (hereinafter “instant building”), 101, 102, 102, 101, 101, 2101, 35, 102, 102, and 102, 102, of Q building during the Ansan-si period (hereinafter “P building”).

In this case, there is a dispute about the Dong business related to the building of this case, the P land-related Dong business, and the settlement of Q building-related Dong business.

C. In relation to the building of this case, 1) the Plaintiff, the Defendant, and A pursuant to the instant E building agreement, around 2004, leased the instant E building owned by the Defendant from C with the representative director at around 2004, and the restaurant in the name of “F” (hereinafter “instant restaurant”).

(B) The real estate brokerage business (hereinafter referred to as “instant real estate office”) in the name of “G” in part, dividing No. 102 into partitions.

(2) In the course of operating the E-building, the Plaintiff, Defendant, and A entered into a partnership agreement with each other to distribute the profits therefrom to one-third of each of the parties (hereinafter “instant partnership agreement”). As to the E-building building operation of this case, the Plaintiff, Defendant, and the Dong Association consisting of the Plaintiff, Defendant, and A, “instant association”.

2) On January 4, 2005, the association of this case (hereinafter referred to as the “instant restaurant business”). The association of this case is registered under the name of the defendant, and is registered under the name of the defendant.

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