1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On February 10, 2011, the Plaintiff concluded a contract with the Defendant for the purchase of 16th and 5th underground floors sales facilities and business facilities (C shopping mall, hereinafter the instant building) of 2nd underground floors D05 of 140,64,550 won (including value-added tax) and paid the sales price in full, and completed the registration of ownership transfer on May 24, 201.

B. The instant building was newly constructed on or around August 17, 2005 and the registration of ownership preservation was completed. On or around April 3, 2008, the Defendant divided the instant building into 480 units (exclusive use area 2307.42m2, and 1383m2,78m2) and completed the registration.

The store of this case sold by the Plaintiff is 6.51 square meters in its exclusive use area and 19.32 square meters in its common use area, which is one of the rooms divided at the time.

C. At the time of entering into the instant sales contract, the Defendant prepared a written consent to guarantee payment of earnings with the following content and provided it to the Plaintiff.

The content of the written consent to guarantee payment of profits: (The content of guarantee for the liquor industry: 10% of profits per annum compared to the basic amount of guarantee for profits (including profits paid in D): The period from the following month of the completion of registration to the last day of each month.

Other: (1) The basic amount of profit security shall be the sale price - refund additional tax - D deposit.

(2) Rent to be paid by D shall be received by the contractor during the period of guarantee, and profits shall be guaranteed by paying in the main farms the profits between the guaranteed amount and the D payment.

(3) Deposit shall be refunded to D upon completion of the lease period.

The second underground floor of the building of this case is leased from the D-BA to operate the whole E department store as a food center.

Grounds for Recognition: Facts without dispute, Gap 1, 2, Gap 13 through 17, and Eul 1.