1. Revocation of the first instance judgment.

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

1. Basic facts

A. On February 29, 2016, E, the owner of the instant real estate, entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B, as a broker of J, the broker of I’s real estate, with the terms that the instant real estate was leased as KRW 50 million, KRW 2.5 million per month, and the term of lease from April 15, 2016 to April 14, 2018 (hereinafter “instant lease agreement”).

The main contents of the instant lease agreement pertaining to the instant case are as follows.

Article 4 No lessee shall engage in any of the following acts during the lease period:

1. It shall not be allowed to sublease, transfer the right of lease or offer the security, and use it for purposes other than those of lease;

2. They shall be prohibited from performing any act, such as changing or destroying the original form of the leased object without approval from the lessor;

Article 5 The lessee assumes that if the lessee fails to pay the rent prescribed in Article 1 for at least two months, or if the lessee violates Article 4, the lessor may immediately cancel the contract with the unilateral intention.

On the other hand, the structure of the building management ledger on the instant real estate is 147.75 square meters in a single floor repair store, 116.64 square meters in a single floor repair store, 129.95 square meters in a second floor office. Since the instant lease contract, some of the first floor was used as a restaurant, and some of them were used as a warehouse (35 square meters).

B. According to the instant lease agreement, Defendant B and her husband, paid a lease deposit to E, and completed business registration with the name of K having the location of the first floor of the instant real estate as the location of K on March 24, 2016, the Defendant B and F, the husband of the instant real estate, continues to operate a restaurant business from the restaurant space of the first floor among the instant real estate until the closing date of the argument in the instant case.

C. Defendant B intended to use the second floor office among the instant real estate as a residential space, but could not be used as a residential space due to the aging of the building, etc. on June 10, 2016, Defendant C cannot use the second floor among the instant real estate as a residential space, and on June 10, 2016, the lease deposit amount is KRW 10,000,000, and the lease term is from June 10, 2016 to 208.