beta
Text
1. The plaintiff (Appointed)'s claims against the defendants are all dismissed.
2. The costs of lawsuit shall be.
Reasons
1. Basic facts
A. At around 2006, J Co., Ltd. (hereinafter “J”) newly built and sold a commercial building on the 15th and the 6th underground floor above Seoul K in Seoul.
On July 19, 2006, the J entrusted 53 stores (see attached Form) that have not been sold in lots among the 92 stores of the 1st floor underground of the above commercial building to L Co., Ltd. (hereinafter “L”) and completed the registration of ownership in its name.
B. On October 21, 2015, J: (a) on October 21, 2015, leased 53 said unsold stores trusted to Defendant B with the term of lease from October 21, 2015 to October 21, 2020; and (b) 5% of the monthly sales of rent without a deposit (hereinafter “instant lease agreement”).
The owners of the stores sold at the time also leased each ownership store to the above defendant in a lump sum with J, set the rental deposit as KRW 110 million, monthly rent of KRW 12 million, and value-added tax separately (value-added tax).
C. At that time, Defendant B, who received the above stores, subleted the stores other than those of M, N,O, P, Q, and R-S as follows:
Defendant C-U-Who, X-Y, Z-A, Q-ABho, Defendant EC-D, AE, AE, AF, AGho, AH, and AI, AJho, AK, Defendant FM-Nho, AO, AP-AS, ATR-AS, AT-UUhoho, Defendant GV-WWho, AX-AY, BBA, BB-BCho, and HD-BE
D. On August 10, 2017, the Plaintiff and Selected-Sho (hereinafter “each of the instant stores”) purchased M-Nho, BF-ACho, BGho, N-Xho, Y-Zho, AA-Hho, AI, BD-BHho, BD-BAho, AR-BKho, BJ-BKho, and BL-Sho (hereinafter “each of the instant stores”) from L from Aug. 10, 2017, and completed the registration of ownership transfer in its name on September 22, 2017.
E. The instant lease agreement was terminated on December 4, 2017 on the grounds of the lessee’s delinquency in rent for at least three years.
Since then, on February 28, 2018, the object of the above lease contract, including each of the stores in this case, was handed over to the owner of each of the stores.