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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. Defendant B (hereinafter “Defendant B”) is the owner or lessor of 10,849 square meters, D, 23,708 square meters and E large 2,126 square meters (hereinafter “instant real estate”). Nonparty F Co., Ltd. (hereinafter “Nonindicted Company”) is a company that has operated a golf practice course in the instant real estate as a company with a golf practice range and a golf practice course, etc. for its business purpose. The Plaintiff entered into a contract with the Nonparty Company, and the Defendant A Co., Ltd. (hereinafter “Defendant A”) is a company that operates a golf practice course in the instant real estate as of the date of the closing of the instant argument.
B. On November 26, 2009, Defendant B entered into a lease agreement between the non-party company and KRW 1. billion for the instant real estate, and annual rent of KRW 1.43 billion (excluding value-added tax); however, the annual rent was paid at the end of 12 times each month in cash, and entered into a lease agreement with the term of the lease up to May 18, 2017 (hereinafter “instant lease agreement”). At that time, Defendant B entered into a lease agreement with the following contents (hereinafter “instant lease agreement”).
(2) Article 1(1) of the Agreement provides for the following matters: (a) The purpose of this Agreement is to recognize that the lease contract was terminated on August 12, 2004 between Defendant B and the non-party company; and (b) further to provide for all matters concerning the lease of the instant real estate to the non-party company.
Article 3 (Rents, etc.) (1) A rental deposit and rent under this Agreement shall be determined as follows, but a lease contract shall be applied on August 12, 2004 until this Agreement is concluded:
A lease deposit: A lease deposit shall be KRW 1 billion, but the amount of KRW 200 million shall be appropriated for the lease deposit of the lease contract dated August 12, 2004, and the amount of KRW 200 million shall be added to cash simultaneously with the conclusion of this contract.