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(영문) 서울남부지방법원 2014.03.21 2013가합16122
대여금 등
Text

1. Each cemetery listed in the separate sheet without the consent of the Plaintiff (Counterclaim Defendant), Defendant C, D, and E, respectively.

Reasons

1. Basic facts

A. Defendant C, as the owner of real estate listed in the attached list (hereinafter “each cemetery of this case”), was promoting the business of establishing and selling a charnel grave on each cemetery of this case under the name of “G religious organization H” (a person who reported the establishment of charnel facilities and a natural burial ground development authority under Articles 15 and 16 of the Act on Funeral Services, Etc.) (the person who reported the establishment of charnel facilities and the natural burial ground development authority) known to Defendant D (F) with his husband since around 202.

B. On April 26, 2004, the Plaintiff concluded a contract for the establishment of a charnel with Defendant C, but completed the construction, but instead, without receiving the construction payment, entrusted additional construction from Defendant C, or lent money to Defendant C under the pretext of business expenses, etc.

On February 11, 2008, the Plaintiff entered into a partnership agreement with Defendant C and B (Evidence A; hereinafter “instant partnership agreement”) with the following terms and conditions: (a) converting the claim against Defendant C into investment funds to the establishment and sale of a charnel cemetery; and (b) the Plaintiff entered into a partnership agreement with the following terms and conditions:

(Plaintiffs drafted a partnership agreement in the name of Skyman I). The Plaintiff’s investment funds relating to the funeral business of Article 1 are KRW 48,0810,000 in connection with the funeral business.

The defendant C and B's investment funds related to the funeral project of Article 3 are 1.1 billion won.

Article 8 (Defendant C and B shall not prepare a sales contract with a third party or receive the sales price without the consent of the plaintiff.

Article 9. The plaintiff's investment shall be settled preferentially with the proceeds from sale, and the additional proceeds accrued after the defendant C and B settled their investments in the second order shall be distributed to the plaintiff, the defendant C and the defendant B to 50:50.

Article 11: Defendant C and B transfer 50% of the share of each cemetery of this case and 50% of the title of the charnel cemetery project to the applicant simultaneously with the contract.

After that, on February 26, 2010, the Plaintiff deposited sales revenue generated under the instant trade agreement with Defendant C and Defendant C into the account in the name of “H” and jointly with the Plaintiff and Defendant C.

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