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(영문) 부산지방법원 동부지원 2018.02.02 2017가합104056
부동산인도
Text

1. The defendant is among the real estate listed in attached Form 1 to the plaintiff.

(a) Appendix 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) 1) Co., Ltd. (hereinafter “D”)

2) The instant building “instant building” is a C hotel of five stories underground, 21 stories above ground, and 60,761.86 square meters below the total floor area in Busan Shipping Daegu E, 4,786.9 square meters (hereinafter “instant building”).

2) Around April 26, 2007, D newly constructed and completed the construction of a hotel, D) sold 543 guest rooms from the 5th floor to the 20th floor above the ground (hereinafter “instant guest rooms”) among the instant buildings, and the number of buyers of the instant guest rooms entered into a sales contract (hereinafter “instant sales contract”).

Upon entering into the instant sales contract, the buyers of the guest room in this case entered into an asset management entrustment and asset lease contract (hereinafter “first operation entrustment and lease contract”) with F Co., Ltd. (hereinafter “F Co., Ltd.”). On November 2, 2007, the said company changed its trade name into H Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”); and the Nonparty Co., Ltd. entered into an asset management entrustment and asset lease contract (hereinafter “first operation entrustment and lease contract”).

The main contents of the instant sales contract, the first entrustment of operation, and the lease contract are as follows.

The name of the property indicated in the contract for sale: In selling the hotel located in Busan Metropolitan City, the seller shall be referred to as "A (D)" and the purchaser shall be referred to as "B" and the sales contract shall be concluded 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 under Article 4, Section A or the third party designated by Section A (hereinafter referred to as “A”), unless otherwise specified.

(i) no transfer or security may be assigned or set up unless the prior consent of Party A is given. Article 5 (Special Agreement on the Operation of Hotels) 1) shall be used, operated and set up by a third party designated by Party A or A by converting the object of sale to a hotel.

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