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(영문) 부산지방법원동부지원 2017.11.28 2017가단206184
관리비청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) New hotel construction and management c Co., Ltd. (hereinafter “C”).

) The E hotel (one F hotel; hereinafter “instant hotel”) composed of 543 guest rooms and 65 commercial buildings around April 26, 2007, by implementing a new hotel construction project for the 21st above ground and 5th underground floors on the Busan Maritime Daegu D site.

2) Upon completion of the contract, C sold each guest room of the hotel of this case to the buyer, and the buyer entered into a sales contract (hereinafter “sale contract of this case”) which includes the contents of entrusting the operation of the hotel operating corporation, and the part relating to this case is as follows.

The name of the property indicated in the contract for sale in lots: In selling the hotel above the E hotel, the seller refers to "A" and the buyer refers to "B" and the seller concludes the contract for sale in lots as follows:

Article 4(Transfer and Succession to Ownership)(5) Within 10 years from the completion of the building on the subject matter of sale in this case or the commencement of the business to the hotel on the subject matter of sale in lots pursuant to Article 4, Section A or the third party designated by Section A (hereinafter referred to as “A”) shall be referred to as “A”, unless otherwise specified.

(i) no transfer or security may be assigned or set up without the prior consent of the person A or a third party designated by the person A (special agreement on the operation of a hotel) consents to the conversion of objects of sale to a hotel and the use, operation and management of such objects.

2) If Party A guarantees 8% annual revenues on the basis of the sales price for 3 years after the commencement of the hotel business, and if Party B does not bring about 8% annual profits on the basis of a separate contract, detailed matters concerning the use, operation, management, and distribution of other revenues and expenses of the subject matter to be sold, Party B may claim purchase of the subject matter to a third party designated by Party A or A within 2 years after the commencement of the hotel business, and Party A shall own ownership of the subject matter to be sold within 3 months from the date on which Party A requested for purchase.

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