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1. The plaintiffs' claims against the defendant are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On February 5, 2012, Plaintiff A and the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with regard to KRW 25,00,000, monthly rent of KRW 1,300,00, and the lease term of KRW 1,30,000, and February 5, 2012, with respect to the second floor on board, which connects 1,22,3,44, and 86.18 square meters on board, among the buildings listed in the separate sheet, among the buildings listed in the separate sheet, (hereinafter “instant real estate”). The Defendant occupied the instant real estate and operates the instant real estate as Dda.
B. From November 5, 2015, the Plaintiff and the Defendant agreed to increase the monthly rent of KRW 1,760,000 (including additional taxes). Accordingly, the Defendant paid from that date the amount of money equivalent to KRW 1,760,000 per month to the Plaintiff’s National Bank account from one bank account in the name of E.
C. The real estate of this case is a commercial building subject to the Commercial Building Lease Protection Act, which has obtained a fixed date under Article 4 of the Commercial Building Lease Protection Act, with the content of the Defendant’s lease period from the Sejong Tax Office to April 18, 2004 from April 18, 2004, lease deposit of KRW 10,000,000, monthly rent of KRW 1,300,000.
Article 3 of the instant lease agreement provides, “The lessee may not change the use, structure, etc. of the said real estate or sub-lease, transfer, or offer security without the consent of the lessor,” and Article 4 provides, “In the event that the lessee fails to pay the rent on at least two occasions, or violates Article 3, the lessor may immediately terminate the instant lease agreement.”
E. On March 7, 2017, Plaintiff A expressed his/her intent to notify the Defendant of the expiration of the lease term with content certification and the termination of the lease contract pursuant to Article 629 of the Civil Act, and the Defendant received it around that time.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. The plaintiffs' assertion and determination of this case are the plaintiffs.