A. On March 6, 2013, the Plaintiff and Defendant B drafted a real estate lease agreement (Evidence A 1) with respect to a building located in Chungcheongnam-gun, Chungcheongnam-do (a 1st floor general restaurant 183.96 square meters and a 2nd floor multi-family house (5 households) 186.6 square meters; hereinafter “instant building”).

(hereinafter “instant lease agreement”). In fact, the instant lease agreement was concluded by the Plaintiff’s father, E and Defendant B’s son, the father of the Plaintiff’s husband.

[Indication of Real Estate] Location: D, building area: 183.96 square meters, lease area: Total [term of lease] from March 6, 2013 to 24 months [Deposit] 20 million won [monthly rent] 1.25 million won

B. At the bottom of the instant lease agreement, the lower part of the instant lease agreement states as follows: “A person takes over 10 million won in a restaurant, and the term of the contract is ten years.”

C. On April 16, 2015, the Plaintiff filed a lawsuit against Defendant B claiming delivery of a building (Seoul District Court Seosan Branch Office 2015Kadan3213). On May 4, 2016, the lower court rendered a judgment that “Defendant B would receive the remainder of money calculated by deducting the amount calculated by the rate of KRW 1.5 million from May 6, 2015 to May 6, 2015 from the Plaintiff to the completion date of delivery of the first floor of the instant building, and simultaneously deliver the said building to the Plaintiff.”

Defendant B delivered the instant building to the Plaintiff on May 2016.

The Defendants brought up the facilities listed in the attached list (hereinafter “instant facilities”) of the building at the time of delivering the instant building.

E. The Plaintiff filed a complaint with the Defendants by asserting that the Defendants stolen the instant facilities. On October 27, 2016, the Plaintiff was issued a non-prosecution disposition on the ground that the Defendants were insufficient evidence.

[Reasons for Recognition] Evidence Nos. 1 to 3, Evidence No. 6, and the purport of the whole pleadings

2. The parties' assertion

A. The Defendants asserted by the Plaintiff 1 raised objection against the Plaintiff.