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. On April 29, 2015, Plaintiff A entered into a lease agreement with the Defendant to lease Seocho-gu Seoul Metropolitan Government D, 509 Dong 1302 (hereinafter “instant apartment”) by setting the lease deposit of KRW 100,000,000 (the remainder of KRW 12,000,000, the remainder of KRW 88,000,000), monthly rent of KRW 1,80,000 (the remainder of KRW 9,000 on May 12, 2015) and the lease period from May 11, 2015 to May 11, 2017.

(hereinafter referred to as “instant lease agreement”). Plaintiff B is the spouse of Plaintiff A.

B. On May 9, 2015, Plaintiff A paid the Defendant a total of KRW 100,000,000,000, and used and profit from the instant apartment from the Defendant.

C. The Plaintiffs demanded repair works to the Defendant since the occupancy of the instant apartment. The Defendant, around May 17, 2015, around May 28, 2015, and around June 2015, respectively, implemented repair works to remove malodor.

On June 19, 2015, the Plaintiffs removed from the apartment of this case on the ground that malodor continuously occurred.

On the other hand, Plaintiff A paid only monthly rent to the Defendant up to May 2015, and did not pay the rent after June 2015.

E. Around September 1, 2015, the Defendant sent a notice that the instant lease agreement will be terminated on the grounds that the Plaintiff did not pay rent from July 2015 to September 1, 2015, and around that time, the notice reached the Plaintiff.

F. On September 1, 2015, Plaintiff A received 94,949,140 won from the Defendant, deducting the overdue rent of KRW 4,800,00 (per February 20) and the management expenses for apartments from KRW 250,860.

[Ground of Recognition] Facts without dispute, E’s testimony of the witness E of the party concerned, Gap’s evidence 1 to 4, 7, Eul’s evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff A's assertion (i.e., the cause of the apartment of this case is not known) and the plaintiffs can use and benefit from the apartment of this case for the purpose of the lease agreement.