부당이득금
1. The plaintiffs' claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. L, M, and N died on September 14, 2015 (hereinafter “the deceased”) more than the Deceased.
B. Plaintiff B is the deceased L’s children, and ② Plaintiff C, Plaintiff A, D, and E are the deceased M’s wife and children, and ③ Plaintiff F, Plaintiff G, H, and I are the deceased N’s wife and children.
C. On March 16, 2010, the Deceased entered into a lease agreement with Defendant J on the part of the first floor of 495 square meters (150 square meters) and the second floor of 495 square meters (150 square meters) of the building owned by the Deceased (hereinafter “the instant building part”) (hereinafter “instant lease agreement”) with the said Defendant, setting the lease deposit amount of KRW 9 million, monthly rent of KRW 1.5 million, and the lease term of KRW 1.5 million from March 16, 2010 to March 16, 2028 (hereinafter “instant lease agreement”). The instant building part was handed over to the said Defendant.
Defendant Q entered into a sublease contract on May 7, 2012 between R and S on behalf of Defendant J (hereinafter “instant sublease”) with the effect that part of the instant building is sub-leased KRW 20 million, KRW 3750,000 per month prior to the date of sub-lease (a change of KRW 4.15 million from May 26, 2015), and the sub-lease period from May 26, 2012 to May 25, 2014 (hereinafter “the sub-lease”), and that R and S transferred the said sub-lease subject matter to R and S.
E. Meanwhile, the deceased did not express his intent to terminate the instant lease prior to his death.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, 11, and 12, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The Defendants asserted that they conspired to enter into the instant sub-lease agreement in violation of the duty of prohibition of sub-lease as stipulated in the instant lease agreement without the consent of the deceased, and that they receive KRW 3750,000 won per month from the lessee from May 25, 2012 to May 25, 2015, and KRW 4150,000 per month from May 26, 2015 to August 25, 2015, and received KRW 150,000 per month from the monthly rent as stipulated in the said lease agreement during the same period.