1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On December 22, 2017, the Plaintiff entered into a lease agreement between Defendant B and each real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) with Defendant B by December 21, 2017, which is KRW 20 million in deposit, KRW 1.3 million in monthly rent (excluding value-added tax), and the lease term until December 21, 2019.

Defendant C occupied the instant real estate and operated a restaurant in the instant real estate.

B. As the Plaintiff was not paid monthly rent from May 1, 2018 by Defendant B, the Plaintiff filed the instant lawsuit and notified the termination of the lease agreement.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1-3, Gap evidence 3, Eul evidence 1-1, the purport of the whole pleadings

2. According to the fact that the lease contract on the instant real estate was terminated on the grounds of unpaid rent, the Defendants are obligated to deliver the instant real estate to the Plaintiff, and Defendant B is obligated to pay the Plaintiff the rent or unjust enrichment equivalent to the rent, calculated by the ratio of KRW 1430,000 per month from May 1, 2018 to the delivery date of the instant real estate.

As to this, the Defendants asserted that they delivered the instant real estate to the Plaintiff and paid all the rent, it is reasonable to deem that the Defendants’ obligations against the Plaintiff were fully performed, since the Plaintiff received the instant real estate from the Defendants around May 2019, and the Plaintiff settled the unpaid rent and deposit between Defendant B and the Defendants. The Defendants’ assertion is with merit.

3. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.