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(영문) 제주지방법원 2019.02.14 2017가합12017
건물명도(인도)
Text

1. The defendant,

A. The name “name” column of the attached list 2 is each the same list of the pertinent Plaintiff.

Reasons

Ⅰ. Facts of recognition

1. Status of parties;

A. The Plaintiffs are co-owners holding each of the pertinent guest rooms listed in the annexed Table 2 in relation to “O hotel” (hereinafter “instant hotel”) composed of a total of 311 guest rooms and common areas (the real estate indicated in the annexed Table 3; hereinafter “instant common areas”) located on the 1,953 square meters and six lots, located in Jeju-si, N., and the relevant guest rooms (hereinafter “each of the instant guest rooms”).

B. P Co., Ltd. (hereinafter “P”) is an executor of the business of newly constructing the instant hotel and selling each guest room in the instant room, and an operator of the hotel who entered into an operation entrustment contract with the buyer of each hotel of the instant case and is entrusted with the operation of the instant hotel.

2. On April 10, 2014, P entered into a construction contract with Plaintiff Q Co., Ltd. (hereinafter “Plaintiff Q”) to contract for the construction of the instant hotel, and on April 14, 2014, the company to be sold in trust with Plaintiff Q newly built is determined as R, and R entered into a land trust agreement with the content that P will sell each hotel room in lots and operate it as an entrusted hotel facility.

3. Conclusion of the instant sales contract and operation entrustment contract

A. From around 2014 to October 2015, R, a trustee, commenced the general sale of the hotel rooms of this case and R and the truster and beneficiary P, among the plaintiffs, purchased some guest rooms from P to payment of the price of the hotel work of this case. From October 2015 to October 2015, R, a trustee, sold part of them again to eight persons, such as Plaintiff S, T, U, V, W, X, Y, Z, and A, and the said nine persons, including Plaintiff Q, are also the same as the rest of the plaintiffs.

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