1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant’s building ownership acquisition and reconstruction construction (1) The Defendant purchased a building for the use of neighborhood living facilities located in Busan Metropolitan City (hereinafter “instant building”) and completed the registration of ownership transfer on May 31, 2016.

(2) At the time the Defendant acquired the instant building ownership, the internal structure of the first floor is as follows (hereinafter “pre-construction drawings”).

D E EF GH IJ K L PP (2) The Defendant entered into a design contract on August 1, 2016 in order to reconstruct the instant building, and entered into a construction contract on November 3 of the same year.

The internal structure of the first floor of the instant building to be reconstructed is as follows (hereinafter referred to as "after-construction drawings"):

B. On February 1, 2017, the Plaintiff entered into a lease agreement with the Defendant (1) on the first floor of the instant building, which was concluded by the Plaintiff to lease the top section of the “plan after construction” (hereinafter “the instant lease”).

(A) In the contract, the leased object was indicated as “36 square meters in south East-dong,” and “19 square meters in size,” and the “after-construction drawings” was attached in the attached Form). The Defendant decided to deliver the leased object to the Plaintiff by March 1, 2017, while the leased object can be used and profit-making therefrom, and the leased object was set at a five-year period from that day.

(2) The instant lease deposit was KRW 10 million, and monthly rent was KRW 3.5 million, and was paid from April 1, 2017, and was KRW 4 million after one year thereafter.

C. The non-delivery of part of the leased object of this case is "the game room of this case" which is "the F Game room" below the above "the drawing prior to the construction" from the owner of the building of this case.

'A lawsuit claiming the name of the building against the lessee of the part (this court 2016da117282) was filed, but the lawsuit was pending at the time of entering into the lease contract of this case.

On February 21, 2018, a decision of recommending reconciliation became final and conclusive with the purport that the Defendant would receive the instant game site by February 28, 2018.

Accordingly, this case among the leased objects of this case.