1. Revocation of a judgment of the first instance;

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

1. Basic facts

A. On December 24, 2011, Plaintiff A leased one column from the first floor of the real estate indicated in attached Table 1, which is owned by Plaintiff B, and operates the business with the trade name “E” at the said store.

B. As of September 16, 2014, Plaintiff A entered into a sub-lease contract with the name of the sub-lessee D and entered into a sub-lease contract with respect to the portion on board (hereinafter “instant store”) connected with each of the above real estate as indicated in attached Table 1, which is the part outside the said store (hereinafter “the instant sub-lease contract”), with the indication of drawings (1), (2), (3), (4), (1), in sequence, with respect to the portion on board (hereinafter “the instant store”), 10,000,000 won, monthly rent, 80,000 won, and (hereinafter “the instant sub-lease contract”). On January 1, 2015, Plaintiff A made an agreement to change the said sub-lease contract to KRW 1,00,000 per month without a deposit.

(hereinafter referred to as “instant modified contract”). 【No dispute exists, Party A’s evidence Nos. 1 through 6, Party A’s evidence Nos. 7-1 through 4, Party A’s evidence Nos. 8, Party A’s evidence Nos. 9-1 through 5, and the purport of the entire pleadings.

2. The assertion and judgment

A. The gist of the plaintiffs' assertion is that the defendant concludes the sub-lease contract of this case with the plaintiff A in the name of D, and performs a funeral service at the store of this case.

However, the defendant did not pay the rent from October 2018, and the plaintiff A notified the termination of the sub-lease contract of this case.

Therefore, the Defendant is obligated to deliver the instant store to the Plaintiff B and the Plaintiff A seeking the delivery of the instant store based on the instant sub-lease contract, which is based on ownership, and to return the overdue rent and unjust enrichment equivalent to the rent to the Plaintiff A, who is the sub-lease of the instant sub-lease contract.

B. As to whether the Defendant entered into the instant sub-lease contract with the Plaintiff A, according to the respective descriptions of the health section, Nos. 3, 5, and 8, and No. 11-3, the instant sub-lease contract is concluded in the deposit account in the name of the Defendant.