1. The plaintiff's claim is dismissed.

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

Details of the disposition

D Co., Ltd. (hereinafter referred to as “D”) entered into a new construction, sale, and operation entrustment contract of a C hotel is an executor who completed the construction on April 26, 2007, by constructing a C hotel with a 5-story underground, 21-story ground, and a total floor area of 60,761.86 square meters (hereinafter referred to as “instant building”).

D From the 5th floor to 20th floor above the ground among the instant building, 543 guest rooms (hereinafter “instant guest rooms”) were sold to the general public, and as follows, the sales contract was concluded between the buyers of the instant guest rooms and the corporation operating the hotel (hereinafter “instant sales contract”).

The name of the property indicated in the contract for sale: In selling a hotel above a C hotel, the seller referred to as "A (D)" and the purchaser referred to as "B" shall enter into a sales contract 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 under Article 4, Section A or the third party designated by Section A (hereinafter referred to as “A”, unless otherwise designated.

(i) no transfer or security may be assigned or set up unless the prior consent of Party A is given. Article 5 (Special Agreement on the Operation of Hotels) Section 1) agrees that Party A or a third party designated by Party A or A has diverted objects of sale to a hotel and has used, operated, and managed them.

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 for purchase of the subject matter of sale to Party A or a third party designated by Party A within 2 years after the commencement of the hotel business, and Party A shall be three months from the date on which Party A requested for purchase by Party B.