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(영문) 서울고등법원 2018.05.02 2017나2033894
동업관계 확인
Text

1. The judgment of the first instance, including an exchange change and an additional claim of the Plaintiff, shall be as follows:

Reasons

1. Basic facts

A. 1) The defendant from April 24, 2006 to the real estate indicated in the separate sheet (hereinafter “instant real estate”)

3) The term “F Hospital funeral hall” on the ground floor (hereinafter “instant funeral hall”)

(2) Around October 10, 2012, the Defendant owned 50%, E 23%, C 17%, and D 10% shares in the instant real estate. However, on October 10, 2012, E sold 10% of its own shares to G between the Defendant and the Defendant’s spouse G, and agreed to change the buyer’s name if the Defendant and G wish, and entered into sales and operation agreements to delegate the right to operate the instant funeral hall to G.

B. On August 26, 2014, the Plaintiff and the Defendant concluded the following contracts, including real estate sales contracts.

(2) The term “instant contract” refers to “the instant contract,” and the term “the instant contract” in the said contract refers to “the instant sales contract,” and the Plaintiff’s obligation to pay the remainder as the object of the loan for consumption is deemed to be the object of the loan for consumption. The location of the instant agreement: H, I land, 657 square meters in Gyeonggi-do, 657 square meters in total, and 6th and underground funeral parlors in building medical facilities.

2. Sales amount: A loan of KRW 10 million (one half of the total equity interest): The loan shall be succeeded to as equity interest.

(1) pay the contract deposit on August 26, 2014.

(2) by 30 October 2014, 50% of equity interest shall have been paid in advance by 30 October 2014 when acquiring 1/2 of equity interest.

(3) By no later than October 30, 2016, the monthly interest shall be borrowed with a view to making it clear that the monthly interest shall be one million won.

(b)be deducted from the down payment in arrears.

(4) Registration shall be made by mutual agreement.

at the time of occurrence of the transfer income tax, the purchaser shall pay.

All facilities of the underground funeral hall that are to be a restaurant deposit (0 million won a day) B (Defendant) shall be taken over at present.

(5) The entire right holder of the above real estate.

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