1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. Basic facts

A. On August 1, 2017, Plaintiff A leased the first floor from the Defendant during the period from August 1, 2017 to July 31, 2019, the deposit amount of KRW 45,000,000, monthly rent of KRW 2,50,000, and the period from August 1, 2017 to July 31, 2019.

B. On August 2, 2017, Plaintiff B leased the second floor from the Defendant during the period from August 5, 2017 to August 4, 2019, the deposit amount of KRW 25,000,000, monthly rent of KRW 1,500,000, and the period from August 5, 2017 to August 4, 2019.

【Ground for Recognition: Unsatisfy, A evidence 1】

2. The plaintiffs' assertion

A. The Plaintiffs asserted the rescission of the contract due to nonperformance and the reimbursement of damages (or reimbursement of damages) were aware of the fact that they leased the 1st and the 2nd floor of the instant building for the purpose of restaurant business, and the Defendant was also aware of this.

However, the first floor of the building cannot report the restaurant business because it is impossible to install the sewage treatment facilities or sewage pipes due to technical problems, such as that E, a lessee of the restaurant business, fails to report the closure of the business with the defendant, and the second floor of the building should be installed in order to operate the restaurant business, and the second floor of the building cannot report the restaurant business because it is impossible to install the sewage treatment facilities or sewage pipes due to the lack of necessary space. Accordingly, the plaintiffs cannot operate the restaurant business on the first and second floor of the building of this case.

Therefore, pursuant to Article 623 of the Civil Act, the defendant violated the duty to maintain the condition necessary for the use of the first and second floors of the instant building, which is the object of lease during the term of the contract, and for profits.

On September 28, 2017, the plaintiff A, on behalf of the plaintiff who is the married couple, rescinded all of the above lease agreements on behalf of the defendant.

Therefore, as a result, the defendant is obligated to return each of the above lease deposits to the plaintiffs.

In addition, in order to conduct restaurant business on the first floor of the building, Plaintiff A entered around June 2017 KRW 11,400,000 in order to remove the deteriorated facility, and the Defendant.