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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The Defendants are owners of shares in the second and fifth above ground in Sejong Special Self-Governing City E (hereinafter “instant building”).
The third floor of the instant building is divided into Fho Lake, Gho Lake, and H. On September 3, 2015, Fho Lake, Gho Lake, and H were merged into F. The Fho Lake was divided into F and G on September 8, 2015.
B. On July 17, 2015, the Defendants entered into a lease agreement with Plaintiff A and Nonparty I on the third floor (Fhoho Lake, Hho Lake, Hho Lake sale area, 710.5 square meters for exclusive use by its occupant 432.75 square meters) of the instant building with a deposit of KRW 80 million, the contract period of the contract, from October 1, 2015 to September 30, 2025, and received KRW 120,000 from Plaintiff A and Nonparty I as a deposit, and received KRW 80,000,000 from the same month as a deposit.
C. On August 6, 2015, the Defendants and the Plaintiff A and Nonparty I entered into a lease agreement with the Plaintiff and Nonparty I on the three floor (Fho Lake, Hho Lake, Hho Lake, 710.5 square meters in size, 432.75 square meters in size) of the instant building on a deposit of KRW 80 million and the contract period from October 1, 2015 to September 30, 2025. The above lease agreement (Article 3) provides that the Defendants shall not be used for any purpose other than for lease purpose (Article 3) (hereinafter “instant lease agreement”).
(2) Plaintiff A and Nonparty I demanded the Defendants to divide the 3rd floor F, G, and H of the instant building into F and G. Accordingly, the Defendants concluded a lease agreement with Plaintiff A and Nonparty I with respect to the 3rd floor F of the instant building (598.24m2, 364.35m2) from October 1, 2015 to September 30, 2025, with a deposit of KRW 50 million and a contract term of 120m2 with respect to the 3rd floor G of the instant building (112.30m2, 68.40m2, 2000). The Defendants concluded a lease agreement with the Plaintiff and Nonparty I for the period of contract from October 1, 2015 to September 30, 2025.
In all of the above lease agreements, the case is separate.