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1. The plaintiff's appeal against the defendants and the plaintiff's claim extended by this court against the defendants are all filed.
Reasons
1. Basic facts
A. The Defendants own 1/2 shares of the Seongbuk-gu Seoul E-ground building (hereinafter “instant building”) between husband and wife.
B. On June 18, 2014, the Defendants concluded a lease agreement with D, which stipulates that the entire five stories of the instant building (hereinafter “instant store”) shall be set at KRW 50,000 from June 25, 2014 to June 24, 2016, the deposit amount of KRW 50,000,000, monthly rent of KRW 2,600,000 (hereinafter “instant lease agreement”).
Meanwhile, Article 8 of the terms and conditions of the instant lease agreement provides that “a lessee may be changed even during the term of lease,” and Article 9 thereof provides that “Items (such as money gas, flick, hambur, etc.), spati, spati, spake are excluded.”
C. From August 1, 2014, Plaintiff operated a restaurant in the name of “I” at the instant store from around August 1, 2014, and mainly sold knicks, pokes, beer, beer, etc., and Plaintiff began to mainly sell coffees and dykes (e.g., sandd position, crokes, beer, beer, beer, ice dykes, etc.) by changing items around September 24, 2014.
Accordingly, around November 24, 2014, Defendant B sent a content-certified mail demanding the observance of designated items because the Plaintiff’s sales of coffee as its main item violates Article 9 of the instant lease agreement.
E. While the Plaintiff did not accept the above request of Defendant B and continued its business, the Plaintiff entered into a contract with F to transfer the entire goodwill of the instant store to F on January 22, 2015, and demanded the Defendants to change the lessee to F pursuant to Article 8 of the terms and conditions of the instant lease agreement. However, the Defendants are not obligated to accept the change of lessee as long as the Plaintiff transferred its business in the state of non-compliance with the designated items.