1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

1. Facts of recognition;

A. The Defendant is a company that newly constructs and sells a D hotel in Jeju (hereinafter “instant hotel”) at the time of making a proposal as an accommodation and an aggregate building, and at the same time enters into an entrusted operation agreement with buyers and operates a hotel business using the instant hotel.

B. On January 28, 2014, the Defendant entered into a sales contract with the Plaintiff on January 28, 2014 with respect to the real estate listed in the separate sheet (hereinafter “instant building”) among the instant hotel, and entered into the entrusted operation contract (hereinafter “instant entrusted operation contract”), and completed the registration of ownership transfer to the Plaintiff on March 14, 2016.

C. The instant operating consignment agreement provides that the Plaintiff shall entrust the Defendant with the operating right of the instant hotel without any provision regarding the period of entrustment.

After the completion of the new construction of the hotel in this case, the Defendant stated the fixed profits, operating profits, entrustment fees, etc. to the number of buyers including the Plaintiff on March 2016, and sent the consignment operation contract with the period of ten years from the commencement date of the hotel business. However, the Plaintiff did not sign the consignment operation contract.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 (including each number), the purport of the whole pleadings

2. Determination:

A. In a continuous credit relationship without a fixed period of time to determine the cause of the claim, each party shall have the right to terminate at any time, even without the provisions of the reservation agreement of the right to terminate the contract or an individual law. The fact that the entrusted operation contract of this case did not set the period of entrusted operation, as seen earlier, is obvious in the record that the duplicate of the complaint of this case, stating the Plaintiff’s declaration of termination, was served on the Defendant on November 2, 2017. Thus, the entrusted operation contract of this case was terminated on November 2, 2017.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiff.

B. The defendant's assertion