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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Defendant A and B are the owners of 104 of the first floor of the D Building in Seongbuk-gu, Sungnam-si (hereinafter “instant store”). Defendant C is the husband of Defendant A and the children of Defendant B.
B. On August 19, 2004, the Plaintiff leased the instant store with Defendant A and B by setting the rental deposit of KRW 100 million, monthly rent of KRW 5.8 million, and the lease period from August 27, 2004 to August 26, 2007 (hereinafter “instant lease contract”) (hereinafter “the instant lease contract”), and “103 stores below 103” on the side of the instant store leased from E and F.
The instant lease agreement was renewed several times on August 26, 201, and was finally changed to KRW 100,000,000 per month rent, and August 26, 2016. (C) Meanwhile, Article 11(2) of the instant lease agreement provides that “Defendant A and B shall not recognize the Plaintiff’s facility cost and premium for leased property, but shall allow the Plaintiff to select a new lessee.” As the Plaintiff established an additional communications service store in the vicinity of the instant store, the Plaintiff requested the termination of the instant lease agreement on the part of the Defendants, and Defendant A and B consented thereto. Accordingly, the Plaintiff and Defendant A and B agreed to the instant lease agreement on September 4, 201 to provide KRW 10,000,000,000 to the Plaintiff as the grounds for the completion of the lease agreement on September 18, 2014, and the Plaintiff agreed to pay KRW 201,000,000,000 to the Plaintiff as the date of completion of the lease agreement.