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The plaintiffs' claims against the defendants are dismissed in entirety.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
Basic Facts
Defendant C and D as the parties to a partnership business, newly built and sold a G hotel of the size of 3 underground and 15 stories above the ground (hereinafter “instant hotel”) to the Nam-gu Incheon Metropolitan City, Nam-gu, in the same business, (hereinafter “instant business”), and Defendant E (hereinafter “Defendant E”) planned to assign the business as “the operator” of the business in question, and the business in question was planned to assign the business as “the operator” of the business in question by leasing a hotel room from both sides of the hotel.
Plaintiff
B On September 10, 2015, the sales contract was concluded between Defendant C and D for the purchase price of the instant hotel H to KRW 136,615,00, and Plaintiff A for the sale of the said hotel H to KRW 136,615,00, October 24, 2015, the sales contract was concluded between the above Defendant and the said Defendant for the purchase price of KRW 135,545,00, and J to KRW 138,75,00,00 for the sale price (hereinafter “instant sales contract,” and the Plaintiffs’ guest rooms were referred to as “instant guest rooms”). The Plaintiffs entered into the instant sales contract with Defendant E on the date of the conclusion of the instant sales contract, and concluded a lease contract with Defendant E on the entrusted operation of each of the facilities sold, and Defendant C renounced waived from the joint business with Defendant C.
Accordingly, Defendant D independently entrusted the operation of the guest room of this case.
On December 16, 2016, the Plaintiffs entered into an entrustment agreement with Defendant D on the instant guest room (hereinafter “instant entrustment agreement”) with the same content as that of the said lease agreement entered into with Defendant E, respectively. The Plaintiffs asserts that the instant entrustment agreement with Defendant E and the instant entrustment agreement with Defendant D concurrently exist.
However, there is a difference between the above lease agreement and the instant entrustment agreement only in terms of the term “lease” and “entrustment”, and all of the terms are the same.