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(영문) 대구지방법원 2014.01.23 2013가합205246
건물명도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The attached list real estate (hereinafter “instant real estate”) is owned by the Plaintiff, and the Plaintiff operated the Csanbu in the instant real estate.

B. On October 16, 2007, the Plaintiff entered into a partnership agreement with the Defendant to equally invest and distribute all equity interests (land, buildings, equipment, and all other human and physical assets) in Csanbu and the following content (hereinafter “instant partnership agreement”).

The Plaintiff’s investment method under Article 2 (No. 1) of the Trade Agreement (Evidence No. 1): The Plaintiff’s investment method is to provide all assets as a sole owner of the existing Csanbu and human property assets and to complete the investment by jointly owning with the Defendant.

Defendant’s investment method: (a) providing the Plaintiff with KRW 1.79 million, thereby recognizing 50% of the equity interest; and (b) the method is as follows.

(1) The Daegu Livestock Industry Cooperatives 1.45 million won and the daily milk business (ju) 3.3 billion won, out of loans extended by Csanbu and buildings and land as collateral, shall succeed to the defendant's obligation to KRW 8.9 million, whichever is 50 billion, out of the aggregate of KRW 1.78 billion and KRW 3.3 billion, whichever is 50 million.

(2) A corporate bank shall provide the Plaintiff with KRW 400 million out of KRW 500,000,000,000,000,000,000,000

The remaining KRW 100 million shall be used by the plaintiff.

In the case of a joint name, the defendant's liability for the payment of loans is KRW 2.5 million, and as such, the defendant shall be liable for the remaining 1.5 million won with the loan certificate prepared and paid to the plaintiff.

(3) Other KRW 500 million shall be paid to the Plaintiff separately.

C. On November 14, 2012, the Plaintiff notified the Defendant of the termination of the instant trade agreement on the ground of the Defendant’s impairment of dignity, etc., and the said notification reached the Defendant on November 15, 2012.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including additional number), entry of Eul evidence 1, the purport of whole pleadings

2. The plaintiff's assertion ① The plaintiff of this case.

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