1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On April 20, 2012, the Plaintiff entered into a contract with the Defendant for the lease of the “Cel” (hereinafter “Cel”) from the instant building by setting the lease deposit of KRW 100 million, KRW 300,000 per month, and the term of the lease from April 30, 2012 to April 29, 2014 (hereinafter “instant lease contract”). The term “the portion to be leased” in the lease agreement (Evidence A) drafted at the time of the lease agreement (Evidence 1) includes the term “norries” as “the entire part”, and “area” as “489.28 square meters”.

B. The total floor area of the instant building is 489.28 square meters [1st floor 128.75 square meters 2.75 square meters 128.75 square meters 3 square meters 125.96 square meters 105.82 square meters underground room (i.e., multi-household 85.18 square meters m2000,000 square meters 85.18 square meters under the ground, but the building register (record 65 square meters) contains a different entry of the details of 85.1

The boiler room is 20.64 square meters [20.64 square meters]. Among the first floor to the third floor of the building of this case, 85.18 square meters in the underground room is used as the main room of the 105.82 square meters in the business trip, and the remaining 20.64 square meters in the boiler room.

C. Meanwhile, the Defendant completed the registration of the business with the content that the instant building was its location as the place of business and its trade name as “D,” “service, real estate, and category,” “acting agency, event, and lease,” and completed the registration of the business with its trade name as “D,” “service, real estate, and category.”

[Ground of recognition] A without dispute, entry of Gap evidence 1, 2, Eul evidence 1, result of appraisal by the appraiser E of the first instance trial, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The object of the instant lease agreement is 105.82 square meters in the underground room among the instant building (hereinafter “instant building”).

(2) The Defendant is obligated to return the amount equivalent to the rent of the instant building as unjust enrichment to the Plaintiff, since the Plaintiff did not deliver the instant building to the Plaintiff and used it for personal purposes.