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(영문) 서울고등법원 2019.10.17 2019나2027367
분양대금 등 반환
Text

1. The judgment of the first instance, including the ancillary claim added by this court, shall be amended as follows:

The plaintiff.

Reasons

1. The reasoning of the judgment of the court of first instance concerning the instant case is as stated in the part of the “determination on the non-establishment of a swimming pool” in the judgment of the court of first instance, except as otherwise stated in paragraph (2), with respect to the conjunctive claim added by the court of first instance. Therefore, the Plaintiff’s remaining arguments other than the assertion on non-establishment of a swimming pool

It shall be quoted pursuant to the main sentence of Article 420 of the Civil Procedure Act.

[This Court’s findings and determination of the first instance court is reasonable even if all the evidence presented and presented by the Plaintiff were examined. It appears that the Defendant had a swimming pool installed adjacent to the instant resort, such as the settlement of advertising for sale produced at the time of sale of the instant resort, etc. However, the Tourism Promotion Act, along with the tourist accommodation business (class 1 resort complex business) related to the instant resort, provides for tourist-use facility business and tourist-use facility business (class 1 resort complex business), for which the Defendant obtained business approval, provides for the following matters regarding tourist accommodation business and tourist-use facility business among the types of tourist businesses:

2. Tourist accommodation business: Any of the following businesses:

(a) Hotel business: The business of operating facilities suitable for the accommodation of tourists to provide tourists with such facilities, or operating facilities for meals, sports, recreation, relaxation, performances, or training programs to provide tourists with such facilities along with accommodation;

(b) Resort condominium business: The business of operating facilities suitable for accommodation and cooking for tourists to provide its members, co-owners, or other tourists with such facilities, or operating facilities for meals, sports, recreation, relaxation, performances, or training programs to provide them with such facilities along with accommodation;

3. Tourist-use facility business: Any of the following businesses:

(a) food, sports, recreation, relaxation, culture, arts or leisure for tourists;

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