분양대금 반환 등 청구의 소
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. Defendant C and Defendant D entered into a land trust agreement with Defendant B Co., Ltd. (hereinafter referred to as “instant hotel”) regarding the new construction and sale business of Gangnam E-si hotel (hereinafter “instant hotel”), and Defendant C constructed the instant hotel.
B. The Defendants sold the hotel rooms of this case by dividing them into profit-making guest rooms for five years, where the buyer uses the hotel rooms of this case, or where the buyer leases the guest rooms by being registered as a rental business operator, or where the buyer obtains profit by entrusting the operation of the lease business, and the remaining number of days used by the buyer and the buyer are used by the buyer for 15 days during one year, but the operation of the hotel of this case is entrusted to the Defendant C, but the minimum amount of 6.5% operating earnings can be received
The defendant C entered into a lease operation agreement with the buyer who bought a profit-making guest room separately, and prepared a finalized profit payment guarantee letter.
C. Around September 28, 2016, F Co., Ltd. entered into a sales agency service contract with Defendant B and C with respect to 961 guest rooms among the guest rooms of the instant hotel, and by March 2017, F Co., Ltd., on behalf of the Defendants, until March 2017.
On December 20, 2016, the Plaintiff entered into a sales contract with the Defendants to purchase the hotel G (type separate) of this case in KRW 293,245,000 (hereinafter “instant sales contract”), and paid KRW 58,649,00 in total of the first, second and sixth intermediate payments out of the sales price.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 3 (including branch numbers; hereinafter the same shall apply), witness H's testimony, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The Defendants asserted that the Plaintiff’s assertion 1 changed the object of sale, which is a separate type of guest room, to a profit-making guest room when the Plaintiff entered into the instant sales contract, and resell it to a third party.