손해배상(기)
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. F paid monthly rent by the Defendant, the owner of Gangnam-gu Seoul Metropolitan Government G 403 (hereinafter “instant building”) (hereinafter “instant building”), when leasing the instant building.
B. Around November 18, 2010, F lent 1 column of the instant building to Plaintiff A to KRW 40,000,000, the sub-lease deposit, and around January 6, 2011, F sub-lease 50,000,000 to Plaintiff B another column of the instant building.
C. The F failed to pay the monthly rent to the Defendant, and the Defendant visited the instant building in order to receive unpaid monthly rent around October 2012, and F became aware of the fact that F subleted the instant building to the Plaintiffs without the Defendant’s consent.
As the Defendant demanded to leave the instant building or pay a monthly rent, the Plaintiffs paid a monthly rent directly to the Defendant. During this process, the Plaintiffs came to know that F entered into a lease agreement with the Defendant, which states that it is a monthly rent rather than entering into a lease agreement with the Defendant on the instant building, and that F did not have the ability to refund the deposit to the Plaintiff A and B.
E. Plaintiff A and B demanded F to refund the sublease deposit around January 2013.
Accordingly, F posted a letter to the effect that the Plaintiff A and B was able to receive the sub-lease deposit and return the sub-lease deposit to Plaintiff A and B, and the Plaintiff A and B posted a letter to the effect that they were able to keep their pictures and boms on the Internet Neneber “H” real estate page around January 2013.
F. On March 15, 2013, Plaintiff D (hereinafter “D”) confirmed Plaintiff B’s posting comments, and subsequently set the room of the instant building as KRW 50,000 from F to KRW 50,000 from March 15, 2013, and the joint Plaintiff C (hereinafter “C”) of the first instance trial verified Plaintiff A’s posting comments, and thereafter, the instant building from F on July 29, 2013.