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1. The plaintiffs' respective claims against the defendants are dismissed in entirety.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
Basic facts, Plaintiff B Co., Ltd (hereinafter “Plaintiff”) leased Nos. 105, 100,000 (each of 40,000,000), monthly rent of KRW 7,00,000 (each of 3,50,000) and five years (60 months) for the term of lease on Nov. 5, 2016, the Plaintiff Co., Ltd. (hereinafter “Plaintiff”) leased Nos. 105, 106 of the instant shopping district to Plaintiff A.
Plaintiff
On November 9, 2016, the Company sold 105 commercial buildings of this case to Defendant D for KRW 1,030,080,000, and Defendant D completed the registration of ownership transfer for the above 105 commercial buildings on October 31, 2017.
In addition, on November 10, 2016, the Plaintiff sold 106 commercial buildings of this case to Defendant C in KRW 1,028,160,000, and Defendant C completed the registration of ownership transfer as to the above 106 commercial buildings on November 7, 2017.
Plaintiff
The Company has set up a rental guarantee agreement with Defendant C as follows:
Location of a thing: No. 106 of the E Building in Sejong City.
1. A rental deposit shall be deposited at the time of completion and a monthly rent (pre-payment shall be made at the time of completion on July 2017);
2. A lease agreement entered into by an executor (Plaintiff, Company, and hereinafter the same shall apply) under a contract shall be five years, but shall be provided for a three-year lease. If the lessee ceases to pay a monthly rent as a security deposit and the ability to pay the monthly rent is lost, the president of the executor shall be liable for the subsequent monthly rent;
3. The value-added tax on a monthly rent shall be separately imposed;
4. HS heading 105 and 106 are the same conditions.
5. Amount guaranteed for lease in 106: Deposit of 40 million won/ monthly 4.1 million won (VAT Map);
6. Notarial acts; and
In addition, the contents of the above lease guarantee agreement and paragraphs (1) through (4) are the same as those of the above lease guarantee agreement to Defendant D, and the amount of the lease guarantee (in the event that security deposit is included, the amount of the lease guarantee is adjusted again), monthly interest: 1,516,278 won shall be paid by the executor.
(Provided, That there may be a difference due to any change in interest rates;
6. The value-added tax of KRW 2,527,00 per month shall be 30,325,555 per annum; and