1. The plaintiff's claim against the defendants is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On November 4, 2005, Defendant B completed the registration of ownership transfer as to the 105m2, 62.4m2, 106m2, 44.8m2 (the instant commercial building) of the Seo-gu Incheon Metropolitan City, Seo-gu, Incheon.

B. On June 6, 2009, the Plaintiff concluded a lease contract with Defendant C’s agent, and with the period from June 24, 201 to June 24, 201, with respect to the aggregate of KRW 105,000,000, monthly rent of KRW 1,300,000, and period of lease of KRW 107 square meters (area under the lease contract) of the area of KRW 107 square meters in Seo-gu Incheon, Incheon, Seo-gu, Incheon, which is owned by Defendant B.

(The instant lease agreement).

However, among the instant commercial buildings, approximately 40 square meters was used by E as a part of F cafeteria, and the actual part used by the Plaintiff is 66 square meters that is less than the said 107 square meters.

After the conclusion of the above lease agreement, the Plaintiff notified the Defendant C of this fact, but the Defendant C did not take any particular measure, and the Plaintiff did not raise any objection thereto.

On June 24, 2011, the instant lease agreement continued to use the instant commercial building, and was explicitly renewed due to Defendant B’s failure to raise any objection.

E. The Plaintiff leased and used the instant commercial building, and paid the monthly rent agreed to Defendant B.

The Plaintiff transferred the instant commercial building to Defendant B on April 2013 to May 2013, and the same year

5. From around 13. Around 10.m., Defendant B returned KRW 24,00,000 after deducting the rent, etc. sealed from the lease deposit.

[Ground of recognition] Facts without dispute, Gap 1 through 3 evidence (including each number, hereinafter the same shall apply), Eul 1 and 2 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. The purport of the Plaintiff’s assertion is that the instant lease contract is a lease contract with a quantity designated. The Defendants, despite being aware of the fact that the area of a commercial building leased to the Plaintiff is 66m2, concluded a lease contract with respect to 107m2, and received a lease deposit and a monthly rent equivalent to 107m2, which constitutes fraud.

2.3.