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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. On August 2, 2007, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with C and D (hereinafter “D”) on the condition that the lease deposit amount is KRW 100 million, KRW 5 million per month, and the lease period is set at 24 months from October 15, 2007.
B. The above G building including the instant store (hereinafter “instant commercial building”) was originally owned by H 65/267 shares, I 50/267 shares, and C 152/267 shares, and H and I transferred all the shares owned by each of the instant commercial buildings to D on October 5, 2007.
In addition, C and D concluded a real estate disposal trust agreement with Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) on the instant commercial building with the beneficiary C and D, and transferred the ownership of the instant commercial building to Korea Land Trust, and entered into a contract on the transfer of beneficial rights to the instant commercial building with Defendant Korea Investment Securities Co., Ltd. (hereinafter “Defendant Company”) (hereinafter “Defendant Company”).
C. On August 1, 2008, the Plaintiff received a notice of the name of the Defendant Company’s business proprietor (hereinafter “the notice of this case”), stating that all the vehicles generated from the instant commercial building, including the instant store, should be deposited into the account under the name of D managed by the Defendant Company as a plan to sell the instant commercial building individually, even after the conclusion of the trust contract and the instant contract for the transfer of beneficial rights, and did not pay as from August 2008.
As such, H, on August 19, 2009, acquiring the rent claim based on the instant lease agreement from C and D, was from the Changwon District Court 2010Gahap200 to February 2008 against the Plaintiff.