1.The judgment of the first instance shall be modified as follows:

The Defendants are the first floor of the building indicated in the attached list 1 to the Plaintiff.

1. Basic facts

A. D has been owned since the acquisition of a building listed in the separate sheet around February 1998.

B. Defendant C, around 2003, leased the instant store from D and commenced the “F” business.

[Ground of recognition] Unsatisfy, testimony by G witnesses of the first instance trial, purport of whole pleadings

2. The reasoning of this part of the plaintiff's assertion is the same as that of part No. 3 (1) of the judgment of the court of first instance, and thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act.

3. Determination as to the cause of action

(a) In full view of the facts without dispute over recognition, Gap evidence 1 to 7, Eul evidence 2 and 9, Eul evidence 3, Eul evidence G witness G and the whole purport of the pleadings, the following facts can be acknowledged:

① At around 2006, I agreed to the effect that “I shall lease the entire first floor and transfer the instant store from I,” and that “I shall rent the entire first floor, and the Defendants shall rent the instant store from I” in order to permit tobacco sales.

The Defendants, from March 15, 2006, set the instant store from I to September 15, 2007, 5 million won as the sublease deposit, 700,000 won per month, and the sublease period from March 15, 2006 to September 15, 2007, and D approved the said sublease.

I leased the entire first floor from D and operated the Mart in the name of “E”.

② Thereafter, on December 3, 2009, I transferred the right of lease and business with respect to the above first floor to H.

H entered into a lease agreement with D on the same day, while the Defendants sublet the instant store from December 3, 2009 to December 3, 2014.

③ Defendant C, around July 201, is the name of the business operator on the business registration certificate at the instant store.