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(영문) 부산지방법원동부지원 2013.11.15 2012가합5550
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. (1) The Plaintiffs are persons sharing (2) individual guest rooms of AB Condo located in AB Condo (hereinafter “instant Condo”) in Busan Shipping Daegu as shown in the separate sheet as shown in the separate sheet.

(2) The Defendant is a developer who sold the instant containers and is engaged in tourist accommodation business on the instant containers pursuant to Article 4(1) of the Tourism Promotion Act.

B. (1) The current status of accommodation business in the instant container (1) is a tourist facility that provides its members, co-owners, or other tourists with facilities suitable for accommodation and cooking, or provides them with facilities suitable for meals, sports, recreation, relaxation, performances, or training programs, which are incidental to accommodation, and opened around March 2008. The total number of guest rooms was 331, and at that time, co-owners only used their guest rooms and did not provide them with accommodation facilities for ordinary tourists.

(2) Around July 2008, the Defendant started accommodation of 52 guest rooms unsold in lots owned by the Defendant, among the instant containers, for general tourists, and co-owners known of this, entrusted the next Defendant with the operation of guest rooms.

(3) After October 2009, the Defendant discontinued accommodation business for unsold guest rooms, and operated accommodation business only for the guest rooms entrusted by co-owners.

C. (1) From around 2010, the Plaintiffs entrusted the operation of the guest room to the Defendant from around April 30, 201, and concluded an entrustment contract for the operation of the guest room with the Defendant (hereinafter “instant contract”) again on April 30, 201.

The defendant shall entrust the management of 49 guest rooms in addition to 13 guest rooms shared by the plaintiffs.

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