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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 November 2015, Plaintiff A, while operating a printing company with the trade name of “C,” prepared a provisional contract with the following content while engaging in the transfer of the printing company business to Defendant D (hereinafter “instant transfer”). Around November 2015, Plaintiff A entered into a provisional contract with the following contents:
1. Conversion from C to C (legal entity);
2. Conversion from a corporation to a corporation;
3. Proceeds from sale of a corporation shall be the value of mechanical appraisal; and
4. To lease C to the real estate of a species A. C.
5.The present Agreement on the basis of good faith.
Seller: Defendant D
B. After that, around December 30, 2015, Defendant D established Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”).
C. On December 21, 2015, Defendant D paid KRW 50 million to Plaintiff A as a down payment for the said transfer.
On the other hand, on January 1, 2016, the Plaintiffs entered into a lease agreement with the Defendant Company (hereinafter “instant lease agreement”) with respect to the lease deposit amounting to KRW 100 million, monthly renting KRW 4 million, and the term of lease period from January 1, 2016 to the end of December 2017, with respect to the office of 669 square meters (hereinafter “instant land”) and the total area of 531.3 square meters (hereinafter “each building of this case”).
E. Around February 29, 2016, Defendant D remitted KRW 150 million to the Defendant Company.
F. Defendant Company paid KRW 100 million out of the said money to Plaintiff A.
G. At that time, the Defendants received delivery of the instant land and buildings from the Plaintiffs, and occupied and used the machines, office fixtures, etc. located in each of the instant buildings from the Plaintiff A (hereinafter “instant machines, etc.”).
H. Meanwhile, the Plaintiffs notified the Defendants of the cancellation of both the instant transfer agreement and the instant lease agreement by serving a duplicate of the instant complaint, and such notification on July 28, 2016.