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1. Of the instant lawsuit, the part of the claim for the cancellation of the sales contract between the Defendants on January 22, 2015 is dismissed.
2. The plaintiff.
Reasons
1. Basic facts
A. From August 9, 2011 to July 12, 2012, the Plaintiff (e.g., the title E) paid approximately KRW 1.8 billion in total to G and H (only “H” without distinction before and after the opening of the name) that engaged in credit business under the trade name, including “F,” etc.
B. Based on the funds received as above, G and H lent funds to the doctorJ that was under a plan to operate a convalescent business from October 201, 201. On October 23, 2011, J leased the said funds from Defendant B with the above funds for the first-story ground and the second-story ground buildings (excluding the seven-story ground buildings used by the lessor as an office; hereinafter “each real estate of this case”) on the fourth ground, located outside the Seoul Seongbuk-gu Seoul, and located in the fourth and fourth lots, including L, to lease deposit, KRW 70 million, monthly rent (excluding value-added tax), KRW 48 million (excluding value-added tax), and from November 1, 201 to October 31, 2016, and thereafter leased the real estate (hereinafter “instant lease agreement”) with each of the instant real estate and equipment necessary for the operation of the convalescent hospital, and thereafter, from 2012 to 24, 2012.
C. D as a doctor, the name of the J for the operation of the instant hospital was lent to the J on April 23, 2012, and completed the business registration as a joint representative of the instant hospital from April 25, 2012 after entering the instant hospital and completing the business registration as from April 25, 2012 to J. From June 1, 2012, D changed its business registration to a sole representative of the said hospital from that time.
J Around the end of 2012 or around January 2013, when the whereabouts of a person was unknown, G, H, and other persons who lent funds necessary for the operation of the instant hospital to J (hereinafter “the obligees of this case”) from that time to that time, paid the said loans to D, the president of the instant hospital.