1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 3, 2017, the Plaintiff engaged in restaurant business with the trade name of “C” and entered into a lease agreement with the Defendant on a deposit of KRW 20 million, monthly rent of KRW 20 million, and the lease term from March 4, 2017 to March 3, 2019 with respect to the right store of KRW 10,000,000 (hereinafter “instant store”). On the same day, the Plaintiff paid KRW 10,000 out of the lease deposit on the same day.

B. The terms of the instant lease agreement are as follows.

EF

C. On August 16, 2018, the Plaintiff entered into a lease contract between G and G with a deposit of KRW 35 million, monthly rent of KRW 2.7 million, and the lease contract between October 1, 2018 and September 30, 2020 with respect to the right-hand side of the first floor (the entire part) of the H-owned building located in Gwanak-gu, Seoul Special Metropolitan City, for a period of 5.26 square meters. On August 16, 2018, the Plaintiff is running a restaurant business from October 18, 2018 to September 30, 202.

The current status of the building in the general building ledger concerning the building of this case is indicated as 21.32 square meters, but in fact, the part of the 1st floor store of this case is divided into two parts, and consist of 10 square meters and remaining parts of the 10 square meters of the 1st floor store of this case. On July 2018, the Gwanak-gu Office notified the Plaintiff of the fact that part of the building of this case was a non-violation building. On August 17, 2018, the building of this case was extended to the front and right side of the store divided into two parts of the 1st floor building (the 7th floor panel/ shower restaurant), and the above extension was made before the conclusion of the lease contract of this case. The Plaintiff also concluded the lease contract of this case on the premise that the above extension was made.

On October 19, 2018, the Defendant urged the Defendant to correct the violating building on November 30, 2018, and the Defendant removed the violating part of the instant building on April 26, 2019.

E. The Plaintiff paid monthly rent to the Defendant by February 10, 2019.