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 July 31, 2010, the Plaintiff concluded a lease contract (hereinafter “instant contract”) with Defendant B and the second floor among the buildings listed in the separate sheet (hereinafter “instant building”) by setting the lease term as KRW 150,000,000 from August 10, 201 to April 14, 2017, and the lease deposit as KRW 150,000,000 from rent month.

B. According to Article 3 of the instant contract, “The lessee may not change the purpose or structure of the instant building without the lessor’s consent, or sub-lease, transfer the right of lease or offer the security, and use it for any purpose other than the purpose of lease.”

C. After the conclusion of the instant contract, the restaurants with the trade name “G”, “F cafeteria”, and “J” were operated in sequence in the instant building.

As of the date of closing argument in the trial room, an unauthorized building connected to the instant building is constructed, and the said unauthorized building is used for the purpose of kitchen, etc.

E. In around 1999, the Plaintiff installed a fence of approximately 1.5 meters high from cement bricks (hereinafter “protruding fence”) on the rear part of the instant building.

[Ground of recognition] without any dispute, Gap's evidence 1, 2, 3-1, 2-2, Gap's evidence 13-1, 2-2, order for submission, reply, and whole purport of oral argument in the first instance court

2. The parties' assertion

A. In violation of Article 3 of the contract of this case, Defendant B, the lessee of this case, constructed a building without permission as well as both the roof and walls on the rear part of the building of this case without the consent of the lessor, and used the building for the main purpose of the bank by installing the windows and doors as well as electricity and water supply facilities.

In addition, Defendant B operated a restaurant with the trade name of “G” in the instant building, and changed the trade name to “F restaurant” on November 16, 2012, and subleted the instant building to Defendant C without the Plaintiff’s consent, and releted the instant building to Defendant C around April 2015.