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(영문) 서울중앙지방법원 2018.01.11 2017가단5171098
건물명도(인도)
Text

1. The Defendant stated each of the following real estate in the separate sheet to the Plaintiffs: “Indication of the building with exclusive ownership by the Plaintiff.”

Reasons

1. Facts of recognition;

A. The Plaintiffs concluded a contract to sell the relevant real estate individually with the Defendant during the period from January 27, 2014 to April 29, 2014 (the seller: the Defendant, the buyer, and the individual Plaintiff) at the same time, and at the same time, entered into an entrusted operation contract (individual Plaintiff, the entrusted operator: the guarantee period for the payment of fixed profit: the Defendant and the entrusted operator shall be one year from the following day after the lapse of two months from the date of the designation of the deposit room: Provided, That the entrusted operation period has not been determined; hereinafter “each entrusted operation contract of this case”) and completed the registration of ownership transfer between January 13, 2016 and March 28, 2016.

B. On March 2016, the Defendant sent to the buyers including the Plaintiffs a contract for consignment operation stating the specific period of consignment operation (ten years from the date of commencing the hotel business), the final revenue, the operating revenue, the consignment fee, etc., but the Plaintiffs did not sign the contract for consignment operation.

C. On January 26, 2017, the Plaintiffs notified the Defendant of the termination of each of the instant consignment operation contracts after March 31, 2017 by mail proving the content of AA’s attorney-at-law representing them, and the said mail reached the Defendant on January 31, 2017.

[Ground of recognition] The facts that there is no dispute, Gap evidence 1 through 52, 54, Eul evidence 1 (including branch numbers), and the purport of the whole pleadings

2. Determination

A. The defendant asserts that each of the above consignment operation contracts of this case is an anonymous contract which has a similar nature to delegation or contract in that the defendant entrusts a specialized business operator with management in the course of running a business requiring know-how of the operation of a hotel and pays a certain percentage of the sales from the business in return for the handling of delegated affairs.

All contracts entered into between the buyer and the defendant, including B, are identical to the purpose and contents of the contract.

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