1.The judgment of the first instance shall be modified as follows:

The plaintiffs' claims against the defendant C are all dismissed.

(b).

1. Basic facts

A. On April 16, 2012, Defendant D, as the representative of Defendant C, his mother, and Defendant C as the lessee between the Plaintiffs, set up a lease agreement with Defendant C, setting a deposit amount of KRW 10,000,000, monthly rent of KRW 1,300,000, and period of lease from May 21, 2012 to May 20, 2013, on which the Plaintiffs owned 1/2 shares from each of the Plaintiffs (hereinafter “instant apartment”).

(hereinafter “instant lease agreement”). B.

Defendant D and his spouse, Defendant E, from May 2012, occupied the apartment of this case while residing in the apartment of this case.

around May 2013, Defendant D increased the monthly rent to KRW 1,400,000 between the Plaintiffs and the renewal of the instant lease agreement.

C. As of June 20, 2014, monthly rent that was not paid to the Plaintiffs, even after deducting all of the lease deposit as of June 20, 2014, is KRW 5,200,000.

【Ground for recognition】 Facts that there is no dispute between the parties to the dispute, entries in Gap evidence 1 through 5 (including branch numbers, if any) and the purport of the whole pleadings

2. Defendant C’s assertion is a lessee of the instant lease agreement, who is residing in the instant apartment, and Defendant D and E have occupied the instant apartment without a title from May 2012 to occupy the apartment without a title, and thus, the Defendants are obligated to deliver the instant apartment to the Plaintiffs. On the contrary, Defendant C, a lessee of the instant lease agreement concluded with respect to the instant apartment, has the obligation to deliver the instant apartment, and Defendant C, a lessee of the instant apartment, has the obligation to pay to the Plaintiffs unjust enrichment in proportion to the share of the Plaintiffs’ ownership regarding the instant apartment from June 22, 2014 to the delivery of the instant apartment, based on the ratio of the rent of KRW 5,200,000, the unpaid monthly rent of KRW 1,400,000, to the delivery of the instant apartment.