1. All of the plaintiffs' claims are dismissed.

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

Facts of recognition

Plaintiff

A is the owner of the land in Suwon-si E (hereinafter “instant land”) and the ground building in the Plaintiff B (hereinafter “instant building”), and the Plaintiffs are the father-child relationship.

On October 12, 2016, the Defendant concluded the following lease agreements with the Plaintiffs.

Deposit: 30 million won for the instant land, and 20 million won for the instant building: 3.5 million won for the instant land, and 1.5 million won for the instant building: if the Defendant’s delayed rent by October 11, 2020 for the period of three years, the lessor may terminate the instant contract immediately.

As of the closing date of the argument in this case, the defendant's delay in payment is a total of KRW 10 million for the plaintiffs as of the date of the conclusion of the argument in this case.

[Ground of recognition] The plaintiffs claim for the delivery of the land and buildings of this case and the payment of rent and unjust enrichment due to the termination of the lease agreement on the ground of the defendant's delinquency in rent. The plaintiffs are entitled to claim the delivery of the land and buildings of this case due to the termination of the lease agreement, and the payment of rent and unjust enrichment.

However, the plaintiffs and the defendant agreed that the lease contract can be terminated if the amount of delay in rent exceeds the amount of three times of rent, and since the defendant's delay in rent does not reach this, it cannot be deemed that the grounds for termination of the lease contract by the defendant for delay in rent have occurred.

Therefore, the plaintiffs' claims are dismissed.