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1. The plaintiff (appointed)'s claim is dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
Reasons
1. Facts of recognition;
A. On July 1, 2012, the Defendant entered into a lease agreement with C on the condition that the first floor among the instant building D-based buildings (hereinafter “instant building”) was leased by setting the lease deposit of KRW 40 million, monthly rent of KRW 1.6 million, and the lease term of KRW 24 months (hereinafter “instant lease agreement”). The Defendant acquired the lessee’s license of the first floor among the instant building and operated the restaurant in the said trade name by changing the name of the Plaintiff into E.
B. Upon the death of C, the Plaintiff (Appointed Party) and the designated parties (hereinafter referred to as “Plaintiffs”) jointly inherit the instant building, and the Nonparty F and G jointly own 21/56 shares among the instant building, and the designated parties, Nonparty F and G own 7/56 shares, respectively.
C. Upon the termination of the instant lease agreement on August 3, 2015, the Defendant filed a report on closure of business with respect to general restaurant business license under the Defendant’s name on August 3, 2015, and filed a lawsuit seeking the return of the lease deposit against the Plaintiffs, F, and G around September 2015 (Seoul District Court 2015No. 232343). In the foregoing case, the Plaintiffs, F, and G included the amount of KRW 3.52 million from the lease deposit to August 7, 2015, the amount of KRW 181,260,00 electricity for August, 200, KRW 181,260 from the lease deposit, KRW 2 million from the outer wall removal cost, KRW 8 million from the outer wall removal cost, KRW 9 million from the Defendant’s report on closure of business, KRW 9 million from the Plaintiff’s expense for extending the toilet to obtain a business license, KRW 1.46 million from September 29, 2009.
As to the instant case, mediation was concluded on May 31, 2016 between the Plaintiffs and the Defendant, and the content thereof is KRW 7.4 million out of the amount claimed by the Plaintiffs.