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1. All of the ancillary claims in the instant lawsuit shall be dismissed.
2. The plaintiffs' primary claims are all.
Reasons
1. Basic facts
A. The Defendant is a partnership established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents in order to remove the aged building in Seongdong-gu Seoul Metropolitan Government and build new buildings above, thereby contributing to the improvement of urban and residential environment and the residential stability and the qualitative improvement of residential life of its members, and constructed the E-dong Building J-dong (hereinafter “instant condominium building”), which is an aggregate building on the first ground of Seongdong-gu Seoul Metropolitan Government (hereinafter “instant condominium building”), and sold the partitioned building. The Plaintiff is a purchaser who purchased the building from the Defendant in units F, Plaintiff B, and C, respectively.
B. On July 17, 2017, the Defendant concluded a lease agreement with K, L, M, F, and G (hereinafter “the lease of this case”), and K removed the boundary wall (a wall) installed between the above units, and then planned to operate an open-type KRC (mutual NzC).
Since then, K was sold by the Defendant on July 22, 2017, jointly with theO.
C. On July 20, 2017, Plaintiff A entered into a sales contract with the Defendant for the sale price of KRW 602,774,00 for the Defendant and F, as of February 16, 2018, and paid the Defendant the down payment amount of KRW 60,27,400 on the same day.
Plaintiff
B and C entered into a sales contract with the Defendant on July 20, 2017, with the sales price of KRW 939,370,000, and the remainder payment date of February 16, 2018, and paid the Defendant the down payment of KRW 93,937,00 on the same day.
E. At the end of July 2017, K, with the Defendant’s approval, removed the boundary walls installed between the units of the above subparagraphs while performing interior works for the above L, M, F, and G.
(However, there is a boundary wall between the above L, M, F, G and corridor, and corridor. (F) The defendant exists as it is the Seoul Eastern District Court with respect to each partitioned part of the instant commercial building including F and G.