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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. The Defendants are co-owners of the land indicated in the separate sheet (hereinafter “instant land”). The Plaintiff leased the instant land from the Defendants and constructed a marina building on the ground (hereinafter “instant building”).
B. On February 18, 2013, the Plaintiff entered into a lease agreement with the Defendants on the condition that the instant land is leased with a deposit of KRW 100 million, monthly rent of KRW 3 million, and from March 15, 2013 to April 30, 2018 for the purpose of constructing a marina building on the ground among the instant land, and agreed to bear the Plaintiff and the Defendants each 1/2 of the costs for the diversion of the instant land and the alteration of the form and quality.
C. In the process of constructing the instant building, the Plaintiff and the Defendants entered into a new lease agreement on March 22, 2013, and entered into a new lease agreement with the Ulsan District Court 2013No76 on April 25, 2013.
According to the new lease agreement and the lawsuit telephone settlement agreement of this case, the terms and conditions of the lease on the land of this case are the same as those of the previous lease agreement, but the ownership of the building of this case to be newly constructed is the name of the defendants. Upon termination of the lease agreement of this case, the plaintiff delivers the building of this case to the defendants without any condition. The acquisition tax and registration tax on the building of this case are borne by the defendants, and the property tax on the building of this case
On July 2, 2013, the Plaintiff newly constructed the instant building and operated the marina with the trade name “Eart”. On February 2, 2014, the Plaintiff: (a) was unable to operate the instant marina due to the Plaintiff’s personal circumstances; (b) subsequently, (c) requested the Defendants to enter into a lease agreement with F and enter into a lease agreement with the Plaintiff on the same condition.
Accordingly, the defendants are the defendants of this case.