1. The plaintiffs' claims are dismissed.

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

1. Basic facts

A. On March 1, 2011, the Plaintiffs concluded a lease agreement with the Defendant and the first floor commercial building in Mapo-gu Seoul Metropolitan Government (hereinafter “instant store”) by setting the lease deposit up by up to KRW 100 million, monthly rent of KRW 1300,000, and the lease period of February 28, 2014.

(hereinafter “instant lease agreement”). B.

Since then, the Plaintiffs did not reach an agreement on the status of a rent, and filed an action against the Defendant (Seoul Central District Court 2014Kadan218847). On October 28, 2015, the Plaintiffs were sentenced to the judgment that “the Defendant would receive deposits from the Plaintiffs and deliver the instant store to the Plaintiffs at the same time.”

C. On November 6, 2015, the Defendant received KRW 99,077,847 from the Plaintiffs, and delivered the instant store to the Plaintiffs. At the same time, the Defendant paid KRW 1,300,000 per month for unjust enrichment equivalent to the rent or rent up to that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 9, 10 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. If the Defendant asserted that the instant store was transferred on February 28, 2014, which was the expiration date of the instant lease term, the Plaintiffs continued to possess the instant store without delivering it despite the fact that the Plaintiffs could have leased the instant store again and received a rent of KRW 5.8 million per month.

Accordingly, from March 1, 2014 to November 6, 2015, the Plaintiffs suffered damages equivalent to the total amount of 9,089,000 won [5,80,000 won - 1.3 million won] x 20 months] from March 1, 2014, and the Defendant obtained unjust enrichment equivalent to the same amount.

Therefore, the defendant is obligated to return the above money to the plaintiffs as unjust enrichment.

3. Where a lease contract is terminated, the lessee shall be obligated to return unjust enrichment equivalent to the rent due to the possession and use of the real estate from the date on which the lease contract is terminated to the date on which life expectancy of the object is completed

(Supreme Court Decision 2007Da21856, 21863 Decided August 23, 2007). The health unit in this case is the health unit.