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(영문) 수원지방법원 2019.04.26 2017가단545500
매매대금반환
Text

1. The plaintiff's claim against the defendant B is dismissed.

2. Defendant C Co., Ltd. and D Co., Ltd.

Reasons

1. Basic facts

A. Defendant D Co., Ltd. (hereinafter “Defendant D”) is an executor of the sale of the hotel E (hereinafter “instant hotel”) in Young-gu, Young-gu, Young-gu, E (hereinafter “instant hotel”).

Defendant B is a trustee and a seller of the hotel of this case who entered into a management-type land trust contract with Defendant D on December 30, 2014.

Defendant C Co., Ltd. (hereinafter “Defendant C”) is an entrusted hotel operator of the instant hotel, and the Plaintiff is a seller who purchased the instant hotel F, who entrusted the operation of the instant hotel F to Defendant C.

B. On May 2015, the Plaintiff entered into the sales contract and the consignment operation contract for the hotelF of the instant hotel. At the time, the Plaintiff explained to the effect that “In the event that the instant hotel was sold in lots for the first three years, the Plaintiff shall guarantee the Plaintiff a final return of 7% for the first three years, and at least 4% of the final return of 7% per annum even if the hotel was operated for the last seven years.” (2) After the Plaintiff visited the sales office of the instant hotel, the Plaintiff received advertising books (Evidence A 2) stating the following contents from the sales counselor, and the Plaintiff was consulted to the effect that “To obtain a conclusive return of 7% each year for the first three years, a trust company or commercial bank shall be issued with the confirmation return of 7% each year:

The 3rd Plaintiff “the issuance of the first three-year conclusive return guarantee system (a trust company or commercial bank)” “the implementation of the minimum return guarantee system of return on investment for seven years” has received the above consultation.

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