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(영문) 대구지방법원안동지원 2016.02.18 2014가합397
채무부존재확인
Text

1. The plaintiff (Counterclaim defendant) with respect to the business of the corporation E between the plaintiff (Counterclaim defendant) and the defendant (Counterclaim plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts are not disputed between the parties, or can be acknowledged in full view of the purport of the entire pleadings in each entry of Gap evidence 5, Gap evidence 7-9, Eul evidence 2, 3, 4, and 8.

(1) On April 2005, the Plaintiff, Defendant B, D and F, G, H, and I are the land located in JJ in the case of permanent residence owned by the Plaintiff (hereinafter “instant land”).

(1) In the case of the construction of a funeral hall at approximately 900 square meters on the land of this case, the sales price of the land shall be recognized at the present price and shall be KRW 500,000 per square year.

Provided, That only the remaining directors except the plaintiff shall be accumulated to the extent of 50% of the dividend amount, and the purchase price shall be paid.

2) The Plaintiff included approximately 61 square meters in the name of the Plaintiff on the instant land as KRW 50 million, and other directors per capita as KRW 50 million per capita. 3) The Plaintiff paid KRW 120 million as the down payment for the instant land, and KRW 1.5 million per month until the transfer registration for the instant land is made to a corporation.

4) Under the agreement, the current 61 square building should be extended to approximately 150-160 square meters, and the corporation should be established upon completion of the building. 2) Under the capital invested by Defendant B, D and F, G, H, and I, the remainder of the partners other than the Plaintiff, the Plaintiff, the construction began to remodel the building above the instant land into a funeral hall, and Defendant B, D and F, G, H, H, and I additionally invested KRW 20 million as the remodeling construction cost around July 2005.

B. After the completion of remodeling construction work after the incorporation of E, the Plaintiff and the said partners are the wife of the Plaintiff, the Plaintiff, the Defendant D and H, G, and K (B) on July 28, 2005, with capital of KRW 52.5 million.

F. F. F. F. F. F. F. F. F.

the funeral hall operation business with the auditor and H as the representative director.

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