Text
1. The judgment of the first instance, including the primary claim extended by this Court and the ancillary claim added by this Court, is followed.
Reasons
1. Facts of recognition;
A. The Plaintiff and Defendant C entered into a contract for the establishment of a charnel house between the Plaintiff and the Defendant C) Defendant C shall enter into each real estate listed in the separate sheet No. 1 (hereinafter “each of the instant real estate”).
As to the Plaintiff, the provisional registration of the right to claim ownership transfer on December 5, 1989 and the registration of ownership transfer on December 2, 2003 was completed. From around 2002, Defendant C had been promoting the business of installing and selling a charnel in the name of Defendant D’s company, the husband of which is the Defendant B (F) together with the Defendant D’s husband. Defendant C contracted installation of a charnel house to the Plaintiff on April 26, 2004. Defendant C contracted installation of a charnel house to the Plaintiff on December 26, 2004. Even after the completion of the construction, it did not pay the construction cost to the Plaintiff and did not pay the construction cost to the Plaintiff, or borrowed money from the Plaintiff for business expenses.
B. The following agreements are made between the Plaintiff and the Defendant B and C regarding the business partnership agreement between the Plaintiff and the Defendant B and C regarding the establishment of a charnel house located in Hongcheon-gun H (hereinafter “B”)
1. Ascertainment that as of the date of the preparation of this Agreement, the Plaintiff’s investment funds relating to the Alley Project is KRW 480,0810,000.
3. As of the date of the preparation of this Agreement, it is confirmed that the investment funds of Defendant B and C related to the above charnel project are KRW 1.1 billion, and the repayment and interest related to the loans of paragraph 2 (2) (the maximum debt amount of KRW 196 million, the actual debt amount of KRW 150 million, and the actual debt amount of KRW 150,000,000,000) shall be borne by the said Defendants.
8. Defendant B and C shall not prepare a sales contract with a third party or receive the sales price without the Plaintiff’s written consent.
9. In principle, proceeds from sale shall be distributed to the Plaintiff and the Defendants 50:50 in the order of priority, and proceeds from the following after settling the inputs of Defendant B and C related to paragraph 3 in the second order. However, only in the order of settlement, agreement between the parties to the contract shall be reached.