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1. The defendant,
A. The real estate listed in [Attachment A] No. 1 to the Plaintiff,
B. List of [Attachment B] to Plaintiff B
Reasons
1. Facts of recognition;
A. The Defendant is a company that newly constructs and sells a J hotel in Jeju, which is a lodging facility and an aggregate building, as well as a company that enters into an entrusted operation agreement with buyers and operates a hotel business using the instant hotel.
B. The Defendant entered into each of the real estate listed in the separate sheet among the hotel of this case, which is a section for exclusive use, and entered into each of the following contract with the Plaintiffs, and completed each of the entrusted operation contracts (hereinafter “each of the entrusted operation contracts of this case”), and completed each of the plaintiffs’ registration of ownership transfer.
On February 21, 2016, No. 1, No. 1, 2016, Feb. 21, 2014, No. 2016, Feb. 21, 2016, No. 2016, Feb. 26, 2014; No. 3, No. 3, Feb. 24, 2014; No. 4, No. 5, Feb. 5, 2014; No. 5, Feb. 5, 2016, Plaintiff E’s Schedule No. 5, Feb. 15, 2014; No. 6, Feb. 16, 2014; No. 12837, Feb. 15, 2014; No. 12555, Feb. 16, 2014; and
Each operation consignment agreement of this case provides that the plaintiffs shall entrust the defendant with the right of operation of the hotel of this case without any provision regarding the period of entrustment.
After completing the new construction of the instant hotel, the Defendant: (a) around March 2016, the period of entrustment to buyers, including the Plaintiffs, shall be ten years from the date of commencing the hotel business; and (b) the Defendant subscribed for a new entrusted operation contract with a specific method of payment, but the Plaintiffs did not comply therewith.
E. On May 16, 2017, the Plaintiffs notified the Defendant that each of the instant consignment management agreements will be terminated.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 18 (including additional number), the purport of the whole pleadings
2. Determination on the cause of the claim
(a) The termination of the entrusted operation contract and the recognition of the occurrence of the obligation to deliver the building;