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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. The facts falling under any of the following subparagraphs may be acknowledged by integrating the whole purport of the pleadings in each entry in Gap evidence of 1 to 3, 6 to 20, and Eul evidence of 3 to 5 (including paper numbers):
D The health has deteriorated while operating a restaurant in the name of “F” on the second floor of Dobong-gu Seoul Metropolitan Government E (hereinafter “instant restaurant”).
B. On February 27, 2015, the Plaintiff entered into a lease agreement with D [The instant restaurant of the leased object, ② the lease deposit of KRW 30 million, monthly rent of KRW 1.5 million, ③ the real estate is located on March 11, 2015, ④ the lease period shall be 24 months from the date of ordering the lessee to provide the lessee with the real estate, ⑤ the facility cost (including the premium) amount of KRW 55 million by March 10, 2015].
C. On March 11, 2015, the Plaintiff paid KRW 50 million to D as the name of the facility cost of the restaurant in this case. On the same day, the Plaintiff prepared a transfer/acquisition statement stating that “the restaurant in this case (business) and the permission (report) are transferred,” and the Plaintiff operated the restaurant in this case from around that time.
However, pursuant to the above transfer and acquisition agreement, the name of the restaurant in this case was not changed in the future of the plaintiff.
On January 12, 2016, the Plaintiff and D have claimed that G, the owner of the building where the instant restaurant is located, (i) a letter of undertaking (i) the original lessee D, the changed lessee, and (ii) the lessor G, a lessee D and the lease agreement with the lessee from July 1, 2013 to June 30, 2015, are under the renewal of the lease agreement for one year by implied renewal. However, the Plaintiff and D have claimed that they will be able to succeed to the original lessee’s contractual terms and conditions under mutual agreement, and that they will be able to succeed to the original lessor’s contractual terms and conditions, and the Plaintiff and D shall be 1 year from the date of the change of the lease agreement.