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(영문) 서울중앙지방법원 2018.08.21 2018가합506341
매매대금 등 청구의 소
Text

1. The defendant's "net No. 1" of the attached Table 1 to 30 is the building of the exclusively owned part of the same Table from the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs purchased all or part of the shares of each of the relevant real estate stated in the “mark of the building for the exclusive area” in the attached Table (hereinafter “instant guest room”) from the Korea Asset Trust Co., Ltd. (hereinafter “instant hotel”), such as Gangwon-gun, Gangwon-gun, etc., and acquired the ownership of each of the said real estate. On July 6, 2011, the Defendant purchased approximately 110 guest rooms from the Korea Asset Trust Co., Ltd. on approximately 167 guest rooms among the 167 guest rooms of the instant hotel, and acquired the ownership thereof.

B. Meanwhile, the Plaintiffs purchased the instant guest room and entered into an entrusted operation agreement with AP Co., Ltd. and AP Co., Ltd. (hereinafter “AR, etc.”) on the instant guest room. Accordingly, AR, etc. occupied and managed the instant hotel including the instant guest room.

On April 19, 2012, the Defendant received all business, operating rights, and fixtures, including the right to possess and use the hotel of this case from AR, etc., and from that time, the Defendant occupied and managed all guest rooms of the hotel of this case including the instant guest rooms.

C. On August 10, 2012, the owners of the instant hotel’s guest room shares, including most of the Plaintiffs, filed an extradition suit against the Defendant regarding the guest room of the instant hotel, which they own. On September 6, 2013, the instant court had already taken over the right to operate the instant hotel from AR, etc. before the Defendant acquired the right to operate the instant hotel from AR, etc.

The Seoul Central District Court sentenced the defendant to deliver guest rooms to their share holders on the ground that the termination of the entrusted operation contract as stated in the section of this case lost legitimate source of right to possess guest rooms (Seoul Central District Court 2012Kahap68014), and this judgment was finalized on September 27, 2013.

(hereinafter referred to as “related litigation”). D.

After the above final judgment.

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