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1. The Defendants are jointly and severally liable to each of the Plaintiffs listed in the separate sheet No. 1 “Plaintiff” column.
Reasons
Basic Facts
The Plaintiffs are sectional owners who purchased guest rooms in BA hotel or liquor (hereinafter “instant hotel”) located on the ground of BA, Z, and three lots of land outside AY (hereinafter “AY”), and Defendant AX Co., Ltd. (hereinafter “Defendant AX”) entrusted the construction and sale of the instant hotel to AY. Defendant AW Co., Ltd. (hereinafter “Defendant AW”) is entrusted with the operation of the instant hotel.
The Plaintiffs entered into a sales contract with each of the instant guest rooms listed in the separate sheet No. 2 “B” column of the attached sheet No. 2 as to AY and the instant hotel No. 2 on each of the following dates (hereinafter collectively referred to as “each of the instant guest rooms”). The Plaintiffs entered into a sales contract with each of the instant guest rooms listed in the column for sale amount, and thereafter completed the registration of ownership transfer in the names of the Plaintiffs for each of the instant guest rooms.
The plaintiffs and the defendants shall entrust the defendants with the right to use and profit-making and operation of each guest room of this case, each of which they purchased, on each of the dates stated in the attached list 2 "date of the contract for the sale in lots", and the defendants shall operate each of the guest rooms of this case and pay a certain amount of profit to the plaintiffs" under the entrusted operation contract of this case.
The hotel of this case began to operate from June 17, 2016 after obtaining approval for use on May 16, 2016. The main contents of each of the instant consignment operation agreements are as follows. Article 2 of the consignment operation agreement [Purpose and Terms] is defined under the consignment operation agreement.
1. “A” means the Plaintiff.
The purpose of "B" is to entrust the ownership of real estate, and "B" is to create common profits by operating entrusted real estate with good faith and expertise.
2. The term "entrusted operation" means that a contractor (the sectional owner) of the real estate in Article 1 entrusts the 'B' with the right to use and profit from the real estate in Article 1, and the 'B' is specialized and specialized.