1. The plaintiffs' claims are dismissed.

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

Facts of recognition

On September 30, 2012, the Plaintiffs leased a commercial building listed in attached Form D (hereinafter “instant commercial building”) with a deposit of KRW 20 million, monthly rent of KRW 2.5 million, and the period from October 1, 2012 to September 30, 2014.

On October 20, 2012, the Defendant: (a) transferred the right to lease of the commercial building of this case from D on October 20, 2012; and (b) concluded a special agreement stating that “it shall not file a civil lawsuit against the owner of the commercial building until September 30, 2014; (c) it shall not be liable if it fails to operate the

On November 13, 2015, after the expiration of the initial lease term with D, the Plaintiffs notified the Defendant that the lease was terminated.

【Ground of recognition】 In the absence of dispute, Gap 1, 6 evidence, Eul 1, and all of the arguments of the parties to the purport of the whole pleadings are terminated at the expiration of the lease term, the defendant asserts that the defendant is obligated to deliver the commercial building of this case to the plaintiffs and pay a reasonable amount of unjust enrichment. On the other hand, the defendant asserts that the lease is implicitly renewed and still in existence.

Judgment

In full view of the following facts: (a) the establishment of a valid lease relationship between the Plaintiffs and the Defendant, the Plaintiffs voluntarily asserted that the term of lease was extended to one year, not D, on September 30, 2014; (b) the Plaintiffs’ notification of termination of the lease was made to “Defendant” rather than D; and (c) the Plaintiffs’ direct payment was made to Plaintiff A’s account; and (d) the Defendant’s assertion that the direct payment was made to Plaintiff A’s account, etc., the Plaintiffs appears to have consented to the Defendant’s succession to the right of lease; thus, the Plaintiffs are determined under the premise that a valid lease (hereinafter “instant lease”) between the Plaintiffs and the Defendant was established.

B. Article 10(4) of the Commercial Building Lease Protection Act as to the termination of the lease of this case, and Article 10(4) of the same Act provides that the lessee shall notify the lessee of the refusal of the renewal within the period prescribed in paragraph(1)(6).