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(영문) 서울중앙지방법원 2019.06.18 2017가단5224541
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Defendant D (6/10 shares) and G (4/10 shares) are co-owners of the land in Gangnam-gu Seoul Metropolitan Government H-gu H 329.5 square meters (hereinafter “instant land”). The Defendants (D1/10 shares, E2/10 shares, F3/10 shares, G 4/10 shares, and G 4/10 shares) are co-owners of the above land 10th and underground 1st (hereinafter “instant building”).

B. The Defendants have operated a mutual tourist hotel “I” (hereinafter “instant hotel”) in the instant building.

C. On November 4, 2016, the Plaintiffs entered into a contract with the Defendants to acquire all of the instant land and the instant building and the hotel business rights in KRW 13,800,000 (hereinafter “instant contract”). D.

After paying the amount under the instant contract to the Defendants, the Plaintiffs completed the registration of ownership transfer (A75/100 shares, B15/100 shares, C10/100 shares, and C10/100 shares) of the instant land and buildings on November 29, 2016, and thereafter have operated the instant hotel from around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. The main intent of the plaintiffs' assertion is the incidental duty of care under the contract of this case, that can only operate as a tourist hotel under the Tourism Promotion Act in the land and buildings of this case, and that it cannot operate as a general hotel under the Public Health Control Act. The defendants have the duty to explain the fact that they applied for a rating decision in the Korea National Tourism Organization and received a postponement decision, but did not make

However, the Defendants did not explain this, and accordingly, the Plaintiffs suffered damages equivalent to KRW 185,00,000, totaling KRW 150,000,000, and KRW 150,000,000, in order to meet the requirements for rating determination.

Therefore, the Defendants, a seller, jointly with each other, KRW 61,66,00 = 185,00,000 = 185,00,000 ¡À3,00.

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