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1. Defendant B delivers to the Plaintiff the building indicated in the attached Form, and Defendant D leaves the above building.
2. The plaintiff.
Reasons
1. Basic facts
A. On November 16, 2013, Defendant B entered into a lease agreement (see, e.g., evidence No. 3; hereinafter referred to as “instant lease agreement”) with E, the former owner of the building listed in the attached Table (hereinafter “instant commercial building”) with the type of business restaurant and retail business, deposit money of KRW 30,000,000,00 monthly rent of KRW 2.8 million, monthly rent of KRW 10,000,000 from December 10, 2013 to December 9, 2015, and began to operate a restaurant in the instant commercial building with the trade name “F”.
B. The following provisions are stipulated in the instant lease agreement.
2. The lessee may not change the purpose or structure, etc. of the above real estate, nor sub-lease, transfer the right of lease or offer the security, and use it for any purpose other than the purpose of lease without the lessor's consent;
Article 4 [Termination of Contract] If a lessee has failed to pay rent more than three times or has violated Article 3, the lessor may terminate the contract.
Article 5 (Termination of Contract) When a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor, and the lessor shall return the deposit to the lessee.
C. On June 4, 2015, the Plaintiff purchased the pertinent building from E and G, a co-owner of the instant commercial building, and succeeded to the lessor’s status under the instant lease agreement.
Around October 2015, Defendant B introduced Defendant C to the Plaintiff as a new lessee to recover the premium, but did not reach an agreement between the Plaintiff and Defendant C on the terms and conditions of the instant commercial building.
E. On October 26, 2015, Defendant B sent a notice that contains the content of the instant lease contract’s renewal, and around that time, arrived at the Plaintiff.
F. Meanwhile, around December 2015, Defendant C opened a restaurant with the trade name “H” in the instant commercial building at the early stage.
G. Accordingly, the Plaintiff on December 9, 2015.