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1. The plaintiffs' claims against the defendant are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The Dongjak-gu Seoul Metropolitan Government E building (hereinafter “instant building”) is educational research and welfare facilities for the sixth and second floor above the ground of the first floor and the second floor above the ground, and is actually used for the 70 room room.
B. The instant building was owned by F from around 2002 to May 24, 2016, and the registration of ownership transfer was completed on May 26, 2016 on the ground of the trust (the first beneficiary is G Cooperatives, the amount of priority interest is KRW 3.8 billion, the debtor is F).
C. After the registration of the instant trust, Plaintiff A entered into a lease agreement with F on February 8, 2017 with respect to the instant building H, and paid KRW 60 million on February 18, 2017, and occupied the instant building by paying KRW 60,000,000, and received the move-in report for resident registration and the fixed date.
Plaintiff
B entered into a lease agreement with F on May 22, 2017 with F to subparagraph 1 of the said building: (a) on June 24, 2017, after paying a deposit of KRW 6.5 million; and (b) on June 24, 2017, the moving-in report was made and the fixed date was received.
Plaintiff
C On July 30, 2017, after entering into a lease agreement with F on July 30, 2017 with F, paid 50,000 won as deposit and moved in on August 6, 2017. The moving-in report for resident registration was made and the fixed date was received.
The contract of each of the above lease agreements was stipulated as special terms and conditions, and the defendant, as the trustee, was the owner on the registry of real estate held in the trust, stating that all of the responsibility for the lease contract (such as the right to receive and return of the lease deposit, the liability for warranty, etc.) shall be borne by the lessorF, and the lessee and the lessor shall not raise any objection or claim against the Defendant, the trustee, in relation to the lease agreement.
E. Under the instant trust contract, a new lease contract during the trust period shall be concluded in the name of the trustee, and if it is intended to conclude a lease contract under the name of the truster, the first beneficiary shall be the first beneficiary.