1. Defendant B received real estate listed in the separate sheet from the Plaintiff, and simultaneously received KRW 190,00,000 from the Plaintiff.

Basic Facts

A. On July 6, 2012, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant 601”) from Defendant B (hereinafter “instant 601”) from September 1, 2012 to August 31, 2016, with a deposit of KRW 190,00,000 without rent (hereinafter “instant lease agreement”) and around that time, paid the said deposit to Defendant B, and operated the reading room with the trade name “D Reading room” as “D Reading room.”

B. On the other hand, on January 6, 2015, Defendant B (hereinafter “instant 501”) operated a practical music institute with the trade name “AH practical music institute” from January 15, 2015 to January 14, 2017, as the G building 501 (hereinafter “instant 501”) located in F in the mountain area of the mountain area of the 601st floor below the instant 601.

C. However, the Plaintiff, after Defendant C and E commenced the operation of the said practical music institute, filed a lawsuit of this case on April 28, 2015 on the ground that “The noise generated in the instant 501 has considerable disruptions to the operation of the reading room.”

Accordingly, Defendant B agreed to terminate the instant lease agreement with E on May 12, 2015, and Defendant B returned the instant No. 501 to Defendant B on May 31, 2015.

[Reasons for Recognition] In the absence of dispute, A evidence Nos. 1, B evidence Nos. 2-1, 2, B-3 and 4, evidence Nos. 5-1 and 5-2, and the purport of the whole pleadings, a lessor is obligated to maintain the conditions necessary for the use of and profits from the lease contract while the lease contract is in existence.

In particular, in the case of the instant lease agreement, the purpose of the agreement is specified as “reader,” and the reading room requires high level of friendliness due to its characteristics, and users of the reading room.