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(영문) 제주지방법원 2017.07.20 2016가합12416
매매대금반환
Text

1. The defendant shall pay 239,608,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Basic facts

A. The Defendant’s outline of the Defendant’s business is a company established on May 1, 2013 for accommodation, etc., which newly constructs a “D hotel” with a total of 311 guest rooms (hereinafter “instant hotel”) on the land outside C and six parcels of Jeju, and sells it to the general public for each guest room. At the same time, the Defendant is a person who operates a so-called “sale-type hotel business” in the manner of directly concluding a consignment operation contract with the buyer and paying the proceeds therefrom to the buyer.

B. Around September 2015, the Plaintiff’s husband, E, the husband of the instant hotel, etc. (hereinafter “F”) was a company with a special relation of the Defendant, around September 2015.

) “D 2nd hotel” (hereinafter “2nd hotel”) implemented on the ground outside G and 3 lots at Jeju-si, a site immediately adjacent to the instant hotel (hereinafter “instant hotel”).

2) Upon reporting the sales advertisement on the instant hotel, E provided consultation with H, a Defendant or F’s employee, at the time, and H, recommended E to purchase the instant hotel in lots, along with a proposal stating that “The instant guest room, which had not yet been sold in lots, guarantees a three-year redemption right and would make a discount of 10% from the value of supply.”

Accordingly, the plaintiff and E decided to purchase the guest rooms of this case.

3) Around that time, various advertisements or notifications related to the hotel in this case or the second hotel were written with the phrase and explanation to the effect that “11% of a year’s fixed profit” was paid, or that “K”, which was delegated by the J group that owned the “I” brand, operated the hotel in this case. C. On October 19, 2015, the Plaintiff and the Defendant, both the consignee and the Defendant, as well as the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”).

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