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(영문) 대구지방법원 2017.06.22 2016가합3236
건물인도등
Text

Plaintiff

B The action shall be dismissed.

2. All remaining plaintiffs' claims are dismissed.

3. Plaintiff B, among the costs of lawsuit.

Reasons

1. Basic facts

A. 1) The Plaintiffs are “D hotel” (hereinafter “instant hotel”) with a total of 311 guest rooms located on the ground and six parcels prior to C, Jeju-si, a total of 1,953 square meters and above 311 square meters (hereinafter “instant hotel”).

As indicated in the “Building Number” column in the separate sheet No. 3 as to the case. 2) The Defendant is an executor of the business of newly constructing the instant hotel and selling each guest room. The Defendant entered into a contract with the buyer of each guest room in the instant hotel and the operator of the hotel in charge of entrusting the operation of the instant hotel.

B. 1) The Defendant, April 10, 2014, is the Plaintiff E (hereinafter “Plaintiff E”).

(2) On April 14, 2014, the Defendant concluded a construction contract between the Plaintiff and the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) under which the Plaintiff would receive and sell the said hotel under the trust of the Plaintiff E as a land trust, and the Korea Land Trust stipulates that the said hotel will carry out the sales business of each hotel room, but at the same time, the Defendant agreed to operate each hotel room as an entrusted hotel.

C. The Korea Land Trust and the Korea Land Trust and the Korea Land Trust began to sell each hotel room of this case around that time. From around October 2014 to October 2015, Plaintiff E, among the Plaintiffs, sold some guest rooms from the Defendant as payment for the hotel work of this case. A part of them again to Plaintiff E, G, H, I, J, K, L, M, N, etc. The said nine persons including Plaintiff E, and the said nine persons including Plaintiff E, based on the same hotel supply contract and operation consignment contract as the rest of the Plaintiffs, have concluded each of the above contents as the above parties did not conflict.

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