1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff owns the land listed in attached Table No. 1 (hereinafter referred to as “instant land”), and the Defendant owns the building listed in attached Table No. 2 (hereinafter referred to as “instant building”) on that ground.

B. On June 2, 2006, the Plaintiff leased the instant land to the Defendant in the order of KRW 200 million, KRW 10 million from June 2, 2006 to June 1, 2016, and KRW 7,500,000, KRW 15,000,000, KRW 17,000,000, and KRW 19,000,000 for each lease term.

(hereinafter referred to as "the instant lease agreement"). C.

Since then, the defendant constructed the building of this case on the land of this case and used the building of this case for restaurant business.

The Plaintiff and the Defendant agreed to request the Defendant to transfer the ownership of the building of this case or to order the removal at the Defendant’s expense, if the Plaintiff and the Defendant are unable to operate restaurant business due to the Defendant’s circumstances (such as waiver of business, succession, etc.) even before the lease term expires or even before the expiration of the lease term.

(hereinafter referred to as the "Agreement of this case". In addition, during the lease term of this case, the plaintiff cannot sell or transfer the land or building of this case to a third party without the consent of the defendant, and the plaintiff bears the duty to allow the defendant to use and benefit from the land or building of this case until the expiration of the lease term, and if it is not possible, the plaintiff agreed to compensate for the defendant's investment principal (construction cost, etc.).

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1, 2-2 and 2-1, the purport of the whole pleadings

2. The assertion;

A. The defendant discontinued the restaurant business for several years and does not use the building of this case. This is deemed to have waived the restaurant business under the agreement of this case. Thus, the defendant is the plaintiff.