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The plaintiffs' claims are dismissed.
The costs of lawsuit shall be borne by the plaintiffs.
Reasons
Facts of recognition
A. On December 9, 2016, the Defendant, as a project implementer for “E construction project” (hereinafter “instant project”), publicly announced a road zone as F publicly notified by the Ministry of Land, Transport and Maritime Affairs.
B. The net G died on July 18, 2016, while owning each land listed in the separate sheet (hereinafter “each land of this case”), and the Plaintiffs, the heir of G, succeeded to G’s property.
The plaintiffs' shares in each land of this case are as shown in the column for "share owned by applicants" in the attached Table.
C. On November 20, 2017, each of the instant land was incorporated into the land subject to expropriation of the instant project by a decision to alter a road zone (Public Notice of Ministry of Land, Infrastructure and Transport H), and was planned as “I” construction site.
However, as the I Corporation’s design plan was modified on March 28, 2018, each of the instant land was excluded from the land subject to expropriation of the instant project, and the Defendant notified the Plaintiffs on March 28, 2018.
On the other hand, G around September 2015, the lease deposit was set at KRW 500 million, monthly rent of KRW 330 million (including value-added tax), and the lease term was set at between December 1, 2015 and November 30, 2017 to Nonparty J (hereinafter “Nonindicted Company”) with respect to each of the instant land and its ground buildings.
On January 29, 2018, the Plaintiffs, who succeeded to the property due to the death of G, extended the lease agreement with the non-party company to December 31, 2018, and changed the lease deposit to KRW 500 million (including value-added tax) and KRW 22 million (including value-added tax), and the instant lease agreement entered the following special terms into:
It is confirmed that some of the leased articles were forced to be expropriated to the Korea Highway Corporation (the defendant) and the condition of mutual understanding that the lessor entered into a lease contract with the knowledge that the lessor would lose ownership later.
A lessor (the plaintiff) is an object of lease due to the above expropriation.