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(영문) 대구지방법원 2017.06.22 2017가합200652 (1)
수익금
Text

Plaintiff

B The action shall be dismissed.

2. The defendant shall list the plaintiffs as stated in the separate sheet of revenue in the separate sheet of Attached 2.

Reasons

1. Basic facts

A. 1) The Plaintiffs are “D hotel” (hereinafter “instant hotel”) with a total of 311 guest rooms located on the ground and six parcels prior to C, Jeju-si, a total of 1,953 square meters and above 311 square meters (hereinafter “instant hotel”).

(2) The Defendant is a company that newly constructs the instant hotel and sells each guest room in the form of a new hotel, and a company that enters into an operation consignment agreement with the buyer of each hotel of this case and is entrusted with the operation of the instant hotel. The Defendant is a hotel operator who is entrusted with the operation of the instant hotel.

B. 1) The Defendant, April 10, 2014, is the Plaintiff E (hereinafter “Plaintiff E”).

(2) On April 14, 2014, the Defendant concluded a construction contract between the Plaintiff and the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) under which the Plaintiff would receive and sell the said hotel under the trust of the Plaintiff E as a land trust, and the Korea Land Trust stipulates that the said hotel will carry out the sales business of each hotel room, but at the same time, the Defendant agreed to operate each hotel room as an entrusted hotel.

C. Korea’s land trust, which entered into the instant sales contract and the instant consignment contract, began to sell each hotel room in general around that time. From around October to October 2015, Korea’s land trust and the Defendant entered into each of the instant sales contract and each of the consignment contracts (hereinafter “instant sales contract”) with the following: (a) Korea’s land trust and the Defendant sold each of the instant real estate listed in the separate sheet No. 3 to each Plaintiff; and (b) the Defendant, while managing each of the instant guest rooms sold in lots, shall pay the buyer a certain amount of profit (hereinafter “determined profit”) and each of the consignment contracts (hereinafter “instant sales contract”).

In this case.

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