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1. Of the instant lawsuits, the part concerning the removal and restoration of facilities, the entrance and exit door closure, and the request for construction shall be dismissed.
2...
Reasons
1. Basic facts
A. On July 5, 2013, the Plaintiff leased the second and third floors (hereinafter “instant building”) among the buildings listed in the attached list to the Defendants as KRW 30,000,000 for lease term from July 6, 2013 to July 6, 2015, and KRW 3,000 for the rent month (excluding value-added tax, and KRW 20,000 for each month).
(hereinafter referred to as the “instant lease contract.” Article 4 (Termination of the instant contract) If the lessee fails to pay two or more rents continuously or violates Article 3, the lessor may terminate the said contract without delay.
Article 5 (Termination of Contract) Where a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.
In such cases, the lessor shall return the deposit to the lessee, and if the rent in arrears or damages are paid, he/she shall remove it and refund the balance.
[Matters of Special Agreement]
3. The monthly rent shall not be delinquent for at least one month;
Provided, That 10% of rents shall be imposed in cases of delinquency.
B. The main contents of the instant contract are as follows.
C. The Plaintiff delivered the instant building to the Defendants under the instant contract, and received KRW 30,000,000 from the Defendants as lease deposit.
From that time, the Defendants occupied and used the instant building from that time to that day of the closing of argument.
The Defendants did not pay to the Plaintiff the tea from July 20, 2013 to October 19, 2013, and did not delay two or more vehicles.
E. On October 25, 2013, the Plaintiff notified the Defendants that the instant contract was terminated at the time that the Plaintiff did not pay unpaid rents and damages for delay thereof until October 31, 2013 through the content-certified mail. The said notification reached the Defendants around that time. However, the Defendants paid only KRW 6,000,000 out of the total amount of unpaid rents and additional dues, which was 10,500,000,000.
F. Meanwhile, the Defendants are completely aware of the second and third floors to operate a coffee shop in the instant building.