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(영문) 대전지방법원 2015.06.25 2014가단222104
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) Defendant, C, and D concluded a partnership agreement between Defendant, C, and D on March 20, 207: (a) On March 20, 2007, Defendants 202 through 205, 301, 302, 303, 401, 402, and 403 (hereinafter collectively referred to as “instant building”).

2) From January 2007 to December 31, 2012, the term “F Hospital” (hereinafter “instant hospital”) is “F Hospital.”

2) A partnership agreement (a partnership agreement under the Civil Code; hereinafter referred to as “instant partnership agreement”) with a view to operating together and distributing profits derived therefrom.

(2) On April 207, 2007, in accordance with the instant business agreement, D operated the instant hospital after obtaining permission for the establishment of the medical institution in its name from the Daejeon Metropolitan City Mayor under the name of the Daejeon Metropolitan City Mayor on April 20, 2007, by possessing the assets related to the instant hospital, including the instant building, at each of the shares of 1/3, and having agreed to bear or distribute each of the losses and profits from the operation of the instant hospital.

3) On the other hand, the Plaintiff is C’s spouse. B. D’s withdrawal from the partnership and the existence of the partnership relationship between the Defendant, C, and C) thereafter withdrawn from the partnership relationship of this case on October 31, 2007. Accordingly, C and the Defendant agreed on November 1, 2007 to own the hospital’s assets, including the building of this case, at the respective shares of 1/2, and to bear or distribute losses and profits from the operation of the hospital of this case at the respective shares of 1/2.

2) Meanwhile, on September 27, 2007, C and the Defendant collectively referred to each of the instant buildings as “the instant additional buildings” in the Daejeon East-gu E building Nos. 601 through 604 (hereinafter “each of the instant partitioned buildings”) and, when referring together to the instant buildings, “each of the instant buildings”.

(C) On March 24, 2008, the Plaintiff, the spouse of the Plaintiff, and the Plaintiff completed the registration of ownership transfer in the name of 1/2 shares, together with the instant building, used as a facility for the instant hospital.

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