1. The Plaintiff:

A. Defendant B’s delivery of real estate stated in the separate sheet from the Plaintiff at the same time 70,000,000 won.

1. Facts of recognition;

A. The Defendants’ husband and wife resided in the part of the instant real estate (hereinafter “instant housing”) and operated a restaurant in the name of “D” in the part of the restaurant (hereinafter “instant restaurant”).

The Defendants used groundwater in the instant restaurant, and tap water in the instant housing.

B. On October 3, 2013, when the Plaintiff leased the instant restaurant from the Defendants and took over the business facilities thereof, the Plaintiff entered into a lease agreement with Defendant B by setting the lease deposit of KRW 70,000,000 (contract deposit of KRW 73,000,000, the remainder of KRW 63,000), monthly rent of KRW 3,000,000, and the lease term of KRW 3,000 from November 4, 2013 to November 3, 2015 (hereinafter “instant lease agreement”). The Plaintiff paid KRW 20,00,000,000 for the right transfer contract with Defendant C (hereinafter “instant lease”). At that time, the Plaintiff entered into a lease agreement with Defendant B by setting the lease deposit of KRW 70,00,000,000, and paid KRW 200,000 for the premium of KRW C to Defendant C.

Article 7 (Non-performance of Obligations and Compensation for Damages) of the instant lease agreement provides, “If a lessee or lessee has failed to fulfill the terms and conditions of this contract, the other party may notify in writing the person who has failed to perform the contract and cancel the contract. The contractual party may claim damages arising from the termination of the contract against the other party, respectively, and the contract deposit shall be deemed as the basis for compensation for damages, unless otherwise agreed.”

C. On November 2013, the Plaintiff: (a) received the instant restaurant from the Defendants; and (b) received the business facilities thereof; and (c) operated the restaurant in the name of “E”.

The Plaintiff used groundwater in the instant restaurant, and the Defendants used tap water in the instant house. D.

On October 2015, the Plaintiff requested the Defendants to renew the instant lease agreement. Accordingly, the Plaintiff and Defendant B on October 19, 2015.