1. The plaintiff's claim against Defendant B is dismissed.

2. As to the Plaintiff, Defendant C’s KRW 17,00,000 and its amount.

1. Basic facts: (a) Defendant C is the representative of Defendant B Educational Association (hereinafter “Defendant B Educational Association”) which is a corporation without filing for the registration of the corporation.

② On January 12, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) that leases part of the first floor childcare center (hereinafter “instant real estate”) among the land and buildings owned by the Defendant D, Kimpo-si, Kimpo-si (hereinafter “instant real estate”) with a deposit of KRW 70 million (10 million, intermediate payment of KRW 30 million, remainder of KRW 30 million, and KRW 30 million), monthly rent of KRW 1 million, and the lease period of KRW 1 million from February 28, 2013 to 24 months (hereinafter “instant lease agreement”).

At the time of the instant lease agreement, the Plaintiff and Defendant C entered the lessor as Defendant C, and entered into the lease agreement.

③ On January 12, 2013 and January 14, 2013, the Plaintiff paid KRW 5 million, respectively, to Defendant C as down payment, and KRW 30 million on January 26, 2013 as part payment, respectively, and paid KRW 40 million.

④ On February 6, 2013, the Plaintiff notified Defendant C, the representative of the Defendant church, of his intention to cancel the instant lease agreement by content-certified mail, on the ground that the attachment of the instant real estate was not cancelled against the instant lease agreement, the representative of the childcare center was not changed, and the instant real estate could not be used as a childcare center due to defects, such as water leakage, etc.

⑤ On March 20, 2013, Defendant C imposed KRW 10 million, which is the amount equivalent to the down payment, out of the lease deposit received prior to the Plaintiff (i.e., KRW 5 million), and returned KRW 30 million.

[Ground of recognition] Evidence Nos. 1 through 3, evidence Nos. 6, 7, Eul's evidence No. 2, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion ① In light of the instant lease agreement, the lessor is Defendant Diplomatic Association.

Accordingly, the defendant C is primarily entitled to the payment of money in advance against the defendant C.

(2) For the purpose of the instant lease agreement, the lessor shall immediately file the agreement.