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1. The plaintiffs' claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
1. Basic facts
A. On November 28, 2017, between Defendant D and Defendant D, the Plaintiffs: (a) leased the real estate listed in the separate list owned by the Plaintiffs (hereinafter “instant real estate”) to Defendant D with the amount of KRW 30 million; (b) for 60 months from December 25, 2017 to December 24, 202 from December 25, 2017; (c) monthly rent of KRW 2,200,000 (value-added tax separate; (d) monthly management fee of KRW 50,00; and (e) water rate of KRW 50,00,000, out of the water rate imposed on the entire real estate of this case; (c) Defendant C operated business; (d) the lessee consents to the construction of the interior; (e) the lessee bears the burden of all the expenses; and (e) the lessee does not enter into the initial lease agreement (including the lease agreement that requires the lessor’s property rights (including necessary cost); and (e) the lessee’s first lease agreement.
B. At that time, Defendant C borrowed KRW 30 million from Defendant D and paid KRW 30 million to the Plaintiffs, and Defendant C received the instant real estate from the Plaintiffs and operated a restaurant with the trade name “E”.
C. After that, the Plaintiffs received a request from Defendant D to change the lessee of the instant initial lease agreement to Defendant C, and terminated the instant initial lease agreement with Defendant D on February 9, 2018. On the same day, the Plaintiffs entered into the instant lease agreement with Defendant C as of November 28, 2017 (hereinafter “instant lease agreement”) with the same content as the instant initial lease agreement, and Defendant C transferred the instant lease deposit refund claim to Defendant D on the same day, and notified the Plaintiffs on the same day.
As Defendant C did not pay to the Plaintiffs the sum of monthly rent and management expenses from July 25, 2018 to September 24, 2018, the sum of KRW 4,940,00 (including value-added tax), Defendant D would secure the right to return the deposit received.