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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. On July 15, 2016, Plaintiff A entered into a contract for the transfer of real estate rights with the content that Plaintiff A takes over the instant singing practice room (hereinafter “instant singing practice room”) from the Defendant to KRW 111,000,000 for premium (including KRW 20,000,000) (hereinafter “instant transfer contract”) and received delivery of the instant singing practice room from the Defendant on the 18th of the same month.
B. As to the instant singing room, two business registrations were made between “G” and “Fing practice room.” However, on June 22, 2017, Plaintiff C, who was the wife of Plaintiff A, completed the respective business registration regarding “G” with respect to “Fing practice room.”
C. On February 14, 2018, Plaintiff B and C entered into an agreement on the premium for the lease of a commercial building and transferred the instant singing room to H, by stipulating that “the premium of this case is KRW 75,000,000,000, and the deposit is KRW 20,000,000,” as to the instant singing room.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, Eul evidence 4, the purport of the whole pleadings
2. The plaintiff's assertion
A. The Defendant had the Plaintiff acquire the instant singing in a large amount of premium, on the ground that the Defendant did not allow the Plaintiff to singing any longer in the area where the instant singing room is located. As such, the Defendant falsely stated that the instant singing room has an exclusive status.
Since then, the Defendant is engaged in the singing business of “I” in the vicinity of the instant singing room.
B. The Defendant, which is the primary cause of the claim, had the Plaintiff take over the instant singing by deceiving the Plaintiff, constitutes a tort, and Defendant B and C received the instant singing from the Plaintiff as it is. Therefore, the Defendant paid the Defendant the amount equivalent to the amount of the premium, which is KRW 15,00,00,000, as compensation for damages caused by the tort, to the Defendant.