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1. The defendant's appeal is all dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. The Plaintiff et al. (the Plaintiff et al. is the auditor, and the appointed party B was the representative director, the appointed party C, and the shareholder of the Plaintiff et al.) and the executive officer of the Plaintiff et al. (the Plaintiff et al. was the director of the Plaintiff et al., and the representative director, the appointed party C, and D were the directors) who were engaged in the business of newly constructing and selling 129 households of H building, which is a welfare facility for the aged (hereinafter “instant facility”).
B. On February 7, 2005, I drafted an agreement between the Defendant, L and K (hereinafter “Defendant, etc.”) and the Defendant, etc. to transfer the ownership of I to the Defendant, etc. after facilitating the sale of the instant facilities and facilitating the operation thereof (hereinafter “instant agreement”).
The above agreement entered into between the representative director B and the defendant, etc., and the plaintiff puts his signature and seal as the observer.
The main contents of the instant agreement are as follows.
Article 2(b) The defendant, etc. shall operate as the ideology of the virtual church, and shall not participate in the I concerning the strategy for sale, the settlement of the sale price, the management of human resources for sale, etc.
The income from the sale of Article 3 (Management of Sales Proceeds) shall be managed jointly by the I and the defendant, etc., and shall be managed in a transparent manner.
Fees for sales agency and expenses incurred in sales activities shall be executed by the defendant, etc. among the revenues from sales.
Article 5 (Period of Sales Agency) The period of sales agency for the defendant, etc. under the Convention shall be six months from the commencement date of sales.
When the period prescribed in Article 6 (Transfer and Acquisition of Ownership) expires, the defendant, etc. shall pay 12.5 billion won and take over the ownership of the I corporation and real estate.
In addition, on March 2005, I entered into a contract for the recruitment of occupants of the facility of this case with AL real estate brokerage, and I, as an executor, signed or sealed by the president, the president L, and the president AK.
C. After that, on May 24, 2005, the Plaintiff et al. was proceeding I to Defendant, L, and Co-Defendant F of the first instance trial.