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(영문) 부산지방법원동부지원 2015.09.11 2015가합129
수익금
Text

1. Of the instant lawsuits, the claims against Defendant D Co., Ltd. by the Plaintiff (Appointed Parties) and the designated parties are dismissed.

Reasons

1. Basic facts

A. The status of the parties (1) Defendant C Co., Ltd. (hereinafter referred to as “Co., Ltd.”) is an executor who newly constructed and sold a F hotel in Busan, Daegu E (hereinafter referred to as “instant hotel”) and Defendant D is a company established for the operation of the instant hotel.

(2) The hotel of this case is operated by the sectional owners who sold a guest room to an individual and sold a guest room to an individual by entrusting the management of the hotel operating corporation, and the plaintiff (appointed parties) and the designated parties (hereinafter "Plaintiffs") are sectional owners who sold the hotel of this case.

B. The Plaintiffs entered into a sales contract with Defendant C to purchase each hotel room of this case (hereinafter “instant sales contract”). The details related to this case are as follows.

In selling the above hotel with approximately two books, the seller refers to "A", and the buyer refers to "B" and the seller concludes a sales contract as follows.

Article 5(1) B (Buyer) agrees to use, operate, and manage the subject matter to be sold to a hotel by a seller or a third party designated by A as a hotel. 2) A shall guarantee to B a profit by 8% per annum on the basis of the selling price for three years after the commencement of a hotel business, and the detailed matters concerning the use, operation, management, and distribution of other profits and expenses of the subject matter to be sold to B shall be governed by a separate contract.

3) If no annual profit accrues, Eul may claim for purchase of the object of sale to a third party designated by Gap or Eul within two years after the hotel business commences, and Eul shall purchase the ownership of the object of sale within three months after Eul is requested to purchase the object of sale. 4) Eul shall allow Gap or a third party designated by Gap to all rights concerning the use, operation and management of the object of sale.

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