1. The plaintiffs' claims are dismissed.

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

1. Basic facts

A. On April 4, 2014, Plaintiff A’s husband, Nonparty D, the father of Plaintiff B, entered into a lease contract with the Defendant and the Defendant, setting the lease contract as from June 1, 2014 to May 31, 2019, with respect to a general steel structure, steel structure, steel board, roof 196 square meters above the site located in the Defendant and the Defendant, and a gas station facility, such as a main abandonment, tank car, etc., KRW 100 million, monthly rent, and KRW 3 million, and the lease period from June 1, 2014 to May 31, 2019.

(hereinafter referred to as the “instant lease contract”).

B. Pursuant to the foregoing lease agreement, the foregoing D paid the lease deposit of KRW 100 million on April 4, 2014, and the intermediate payment of KRW 40 million on May 5, 2014, and the remainder of KRW 50 million on June 1, 2014 was agreed to pay the lease deposit of KRW 100 million.

C. The foregoing D died on May 8, 2014 as a traffic accident.

[Ground for recognition] Unsatisfy

2. Judgment on the assertion

A. The Plaintiff, due to the change of circumstances, succeeded to the above D due to the death of the above D, and the Plaintiff A was the occupational representative, and the Plaintiff B leased the above gas station based on the age of the Plaintiff B.

In other words, the above lease agreement resulted in a situation that could not be maintained due to changes in circumstances that could not have been anticipated at the time of the contract, and the Plaintiffs, on June 24, 2014, notified the Defendant of the cancellation of the contract on the grounds of such circumstances, demanding the return of the amount of 50 million won already paid according to the inheritance shares.

The contract rescission due to a change in circumstances occurs due to a significant change in circumstances which the parties could not have predicted at the time of the formation of the contract, and the change in circumstances occurred due to a cause not attributable to the party who acquired the right of rescission. If the binding force of the contract is recognized according to the contents of the contract, it is recognized as an exception to the principle of contract observance in cases where the result is obviously contrary to the