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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On February 4, 2017, the Plaintiffs entered into a lease agreement between the Defendant’s wife D with respect to the instant apartment building owned by the Plaintiffs, with a deposit of KRW 700 million, monthly rent of KRW 1 million, and the lease term from February 10, 2017 to February 9, 2019 (hereinafter “instant lease agreement”). The lessee’s column of the lease agreement (Evidence 2-3 of the evidence No. 2 of the lease agreement) in which a licensed real estate agent of E Licensed Real Estate Agents’ Office was formed and printed by a computer, entered into as the lessee with D and the Defendant as well, and D’s signature and seal is affixed to the name of the lessee and the name of the Defendant printed on the said contract. On the name of the Defendant, the Defendant’s name, which was printed on the said contract, obtained prior consent from the Defendant, and signed by the Defendant instead of D.
B. On April 22, 2017, between D and D, the Plaintiffs returned KRW 500 million by reducing the deposit amount from KRW 700 million to KRW 200 million, and the monthly rent from KRW 100,000 to KRW 290,000,000, and entered into a contract for the modification of the instant lease agreement with the effect that the term of the lease is reduced from February 9, 2019 to January 10, 2018 (hereinafter “instant modified contract”), and the lessee column of the said modified contract (Evidence No. 2-4) bears the signature and seal of D, while the Defendant’s signature and seal is also made by D. The Defendant’s signature appears to have been made as the Defendant’s agent.
C. Under the foregoing modified contract, the Plaintiffs returned 500 million won deposit to D on May 10, 2017, and the Plaintiffs received KRW 2.9 million monthly rent from May 1, 2017 to August 2017.
However, since September 2017, the Plaintiffs did not receive the monthly rent under the modified contract. Accordingly, the Plaintiffs sent notice of the termination of the lease of this case on the grounds of the delayed rent of at least two different periods of time (from September 2, 2017 to November 201) on December 7, 2017, and the said notice of termination reached D on December 8, 2017 by content-certified mail, and on December 2, 2017.