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(영문) 부산지방법원 2020.06.18 2019가단332357

공탁금 출급청구권 확인

Text

1. As between the Plaintiff and the Defendants,

A. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. 25 August 2017.

Reasons

1. Basic facts

(a) New hotel construction and management 1) G Co., Ltd. (hereinafter “G”).

2) On April 26, 2007, 2007, an I hotel (one "B"; hereinafter "the instant hotel") composed of 543 guest rooms and 65 commercial buildings, with the implementation of a new hotel construction project for the 21st above ground and 5th underground floors on the Busan Shipping Daegu H site.

(2) G completed the sales contract (hereinafter “instant sales contract”) in which the buyers sold each guest room of the instant hotel to the buyer, and the buyer entered into the sales contract including the contents of entrusting the operation of the hotel operating corporation, and the part relating to the instant contract is as follows.

The name of the property indicated in the contract for sale in lots: In selling the I hotel above the I hotel, the seller refers to "A" and the buyer refers to "B" and the seller concludes the contract for sale in lots as follows:

Article 4(Transfer and Succession to Ownership)(5) Within 10 years from the completion of the building on the subject matter of sale in this case or the commencement of the business to the hotel on the subject matter of sale in lots pursuant to Article 4, Section A or the third party designated by Section A (hereinafter referred to as “A, unless otherwise specified).

(i) no transfer or security may be assigned or set up without the prior consent of the person A or a third party designated by the person A (special agreement on the operation of a hotel) consents to the conversion of objects of sale to a hotel and the use, operation and management of such objects.

2) If Party A guarantees 8% annual revenues on the basis of the sales price for 3 years after the commencement of the hotel business, and if Party B does not bring about 8% annual profits on the basis of a separate contract, detailed matters concerning the use, operation, management, and distribution of other revenues and expenses of the subject matter to be sold, Party B may claim purchase of the subject matter to a third party designated by Party A or A within 2 years after the commencement of the hotel business, and Party A shall own ownership of the subject matter to be sold within 3 months from the date on which Party A requested for purchase.