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(영문) 광주고등법원 2019.12.27 2018나25839

약정금

Text

1. Of the judgment of the court of first instance, the part concerning the principal lawsuit shall be modified as follows:

Defendant AV Co., Ltd.

Reasons

1. Basic facts

A. The Plaintiffs are sectional owners who purchased a guest room in AZ hotel or liquor (hereinafter “instant hotel”) located on the AY and on the ground of the AX, AX (hereinafter “AX”). Defendant AW (hereinafter “Defendant AW”) is an executor who entrusted the instant hotel construction and sales business to AX, and Defendant AV Co., Ltd. (hereinafter “Defendant AV”) is entrusted with the operation of the instant hotel.

B. The Plaintiffs entered into a sales contract for each of the instant guest rooms listed in the separate sheet No. 2 “B” column of the separate sheet No. 2, among the hotel AX and the instant hotel (hereinafter collectively referred to as “each of the instant guest rooms”) on the date indicated in the separate sheet No. 2, and thereafter completed the registration of ownership transfer for each of the instant guest rooms in the names of the Plaintiffs.

C. On each day indicated in the “Date of the Contract for Sale in Lots 2”, the Plaintiffs and the Defendants entrusted the Defendants with the right to use and make profits from each guest room of this case, and the Defendants entered into an entrusted operation agreement with the effect that they will operate each guest room of this case and pay certain profits to the Plaintiffs (hereinafter “each entrusted operation agreement of this case”). D. The hotel of this case started operation from June 17, 2016 upon obtaining approval for use on May 16, 2016. The main contents of each of the entrusted operation contracts of this case are as follows: each of the instant entrusted operation contracts of this case is referred to as “A”, and the Defendants are referred to as “B”.

BC Article 2 [Purpose and Definitions of Terms) of the Agreement on Entrusted Operation of Hotel Operators

1. The purpose of “A” is to entrust the ownership of real estate, and “B” is to operate the consigned real estate with good faith and expertise, thereby creating common profits.

2...