The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The Defendants are co-owners of the 1st underground floor and the 3rd ground floor building located in Dongjak-gu Seoul Metropolitan Government. The Plaintiff leased the 1st floor E (hereinafter “instant commercial building”) from the Defendants and operated the game room in the trade name “F”.

B. On November 8, 2016, the Plaintiff leased the instant commercial building from the Defendants as KRW 200 million, the lease term from December 1, 2016 to December 30, 2021, and the monthly rent of KRW 10 million (hereinafter “instant lease contract”). At that time, the Plaintiff paid KRW 200 million to the Defendants according to the instant lease contract.

C. On November 8, 2016, the Plaintiff and the Defendants concluded a premium contract (hereinafter “the premium contract of this case”) with a premium of KRW 120,000,000 for the instant commercial building, setting the premium of KRW 120,000.

Under the instant premium contract, the Plaintiff paid to the Defendants premium amounting to KRW 120 million in total, including KRW 10 million on November 8, 2016 and KRW 1100 million on November 30, 2016 (hereinafter “instant premium”). D.

The Plaintiff did not pay a total of KRW 176 million from June 2018 to 16, and the Defendants, from September 2019 to September 2019, notified the Plaintiff of the termination of the instant lease agreement, and requested the Plaintiff to deliver the instant commercial building.

On October 13, 2019, the Plaintiff transferred the instant commercial building to the Defendants.

E. On October 16, 2019, Defendant C deposited the remainder of KRW 24 million after deducting the overdue rent of KRW 176 million from the deposit for lease deposit of the instant lease agreement at KRW 200,000,000. The Plaintiff received the deposit without any objection.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 7, 8, Eul evidence 1-1 to 3, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s summary of the Plaintiff’s assertion and the Defendants are new at the time of concluding the instant premium agreement.