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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 14, 2015, E representing D entered into a lease agreement with F on a fixed period of KRW 604 of the 6th floor among the buildings owned by F, Gangnam-gu Seoul and 1 parcel (hereinafter “instant building”) up to April 14, 2017, with the lease deposit amount of KRW 50 million, and KRW 4 million monthly rent of KRW 4 million.
In the special terms and conditions of the above lease agreement, the lessee does not restore the facility to its original state upon maturity (Article 7). The lessee waives the right to the facility (Article 8). The lessor cooperates with the approval and permission of a private teaching institute as much as possible and this contract is terminated (Article 9).
B. On October 5, 2015, E entered into a lease agreement with Defendant B and F on the same terms and conditions, and registered the instant private teaching institute under Defendant B in the name of Defendant B and on October 22, 2015.
C. Defendant C is a director of “I” that acts as a specialized broker for a private teaching institute. On July 14, 2016, the Plaintiff entered into a premium contract with E that takes over all the facilities and rights of the private teaching institute of this case (hereinafter “the premium contract of this case”), Defendant C paid KRW 40 million for the premium of this case, and KRW 4 million for brokerage commission to Defendant C.
Accordingly, as to the instant building on July 18, 2016, a lease agreement was concluded between the Plaintiff and F with the same lease term as that of the previous lease term until April 14, 2017, wherein the Plaintiff was a new lessee, and the Plaintiff and F entered into between the Plaintiff and F with the same lease term of KRW 50 million, monthly rent of KRW 4 million. On July 28, 2016, the change of the operator of the instant private teaching institute was registered under the name of the Plaintiff on July 28, 2016.
E. Since April 14, 2017, the Plaintiff’s lease term between F and F on April 14, 2018.