1. All appeals by the plaintiffs and defendant B are dismissed.

2. The appeal cost arises between the plaintiffs and the defendant B.

Basic Facts

On August 11, 201, the deceased A (hereinafter referred to as the “the deceased”) entered into a lease agreement with Defendant B on the lease term of KRW 45.4 square meters (hereinafter referred to as the “instant housing”) from October 10, 201 to October 9, 201, the lease term of KRW 60 million was from October 10, 201 to October 9, 201, and thereafter, remitted the deposit amount of KRW 60 million to Defendant C’s account (hereinafter referred to as the “instant lease agreement”).

On November 28, 2014, the Deceased decided to terminate the instant lease agreement with Defendant B, and returned KRW 15 million out of the lease deposit from Defendant B, and delivered the instant house to Defendant B on December 9, 2014.

On the other hand, the deceased died on October 18, 2015, and accordingly, the deceased’s children, who jointly inherited the deceased’s property at the ratio of 1/3 shares of each of the 1/3 shares, taken over the litigation proceedings in this case.

[Ground of recognition] Fact-finding without dispute, Gap evidence Nos. 1 through 4, and the purport of the entire argument as to the claim against defendant B. Thus, the lease contract of this case was lawfully terminated on or around December 9, 2014, and barring any special circumstance, defendant B is obligated to pay damages for delay calculated at the rate of 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 24, 2015 to the date of delivery of a copy of the complaint of this case claimed by the plaintiffs against the deceased and the deceased B. Thus, the lease of this case was lawfully terminated on or around December 9, 2014.

The reason why this Court's decision on Defendant B's assertion is stated is as the judgment of the court of first instance, except that the Plaintiff's "the Plaintiff" in the corresponding part of the judgment of the court of first instance is dismissed as "the deceased", and therefore, it is acceptable to accept it as it is in accordance with the main sentence of

The plaintiffs' claims against the defendant C are asserted first, this is the case.