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(영문) 부산지방법원 2018.12.05 2017가합48303
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

D Co., Ltd. (hereinafter “D”) is a company that has changed the use of sales and neighborhood living facilities from 3 to 17 stories above ground among the buildings in Seoul Jung-gu, Jung-gu, Seoul to a hotel and performed substantial repair construction. The Plaintiff is a buyer who purchased part of the hotel rooms to be operated accordingly.

(2) On August 14, 2014, D sold each guest room of the hotel in this case owned by Defendant B (hereinafter “Defendant B”), Defendant C (hereinafter “Defendant C”) and D, respectively, and leased each hotel room sold by Defendant B, an asset management company, from the buyer to the buyer, and operated the hotel as a hotel. D received the sales price of the hotel as an Eck account opened in the name of Defendant C, an Eck, and entered into a contract with an Ecro (hereinafter “instant contract”).

On October 9, 2014, there was a newspaper advertisement that includes a newspaper advertisement that “The hotel Corporation has already run 75% and 3 months thereafter, the completion volume (immediately after completion of construction)” and a newspaper advertisement that contains a draft book stating that the persons related to the lending bank, etc. shall attend the presentation and explain the profits, etc. to the contractor at the third floor of the hotel of this case.

The above advertisements were written as "Enforcement Agency: B" and "Law Firm C" in the deposit account for sales application.

On October 11, 2014, the Plaintiff and the domicile of the same F applied for the application for the purchase of the instant hotel G and H, and the Plaintiff applied for the purchase of the instant hotel I and J on October 15, 2014.

On November 11, 2014, the Plaintiff concluded each sales contract with D on the hotel I, J, and G (hereinafter referred to as "each sales contract in this case") and leased Defendant B and the hotel I for 10 years.

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