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(영문) 대전지방법원 천안지원 2017.01.13 2014가합102305
구상금
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2...

Reasons

1. Basic facts

A. The status and relationship 1) The Plaintiff A is the deceased E (hereinafter “the deceased”).

(2) On January 11, 2013, the Plaintiff A, B, and C were the children of the Plaintiff and the Deceased. As the Deceased died on or around January 11, 2013, the Plaintiff A, B, and C succeeded to the deceased’s property 3/7 shares, 2/7 shares, and 2/7 shares, respectively. (2) The Defendant established the F Co., Ltd. for the purpose of real estate trading, etc. (hereinafter “F”) on or around July 12, 2002, and took office as F’s director and representative director around that time.

B. 1) The Deceased and the Defendant concluded a partnership business agreement with the Deceased and the Defendant, etc.) The land listed in the separate sheet No. 1 and No. 2, between the first patrolman in 2002 and the first patrolman in 2003 (hereinafter “each land of this case”).

(2) The term “this case’s partnership agreement” refers to a partnership agreement with the effect that an apartment building is constructed and sold, or each of the above lands is sold on the ground after the purchase.

(2) The deceased and the defendant purchased each of the lands of this case from G around January 14, 2003 to KRW 1,00,000 and completed the registration of transfer of ownership in the name of F as to each of the lands listed in the separate sheet No. 1 on February 27, 2003, and the name of the deceased as to each of the lands listed in the separate sheet No. 2 list No. 1, 2003.

3) After the Deceased assumed office as F on February 21, 2003 as a director, the Deceased served as F until March 29, 2009. 4) On November 15, 2005, the power of attorney (Evidence B No. 9) prepared by the Deceased delegated F with the right to trade each of the instant lands to F on November 15, 2005, stated that “A part of each of the instant lands is registered as F and some of the instant lands are owned by the Deceased, but in fact, it is a joint ownership.”

C. The deceased and the defendant completed each of the lands of this case as a loan relationship under the business agreement of this case.

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