1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. There are two shops on the 10th underground floor of the 10th underground floor in Gangnam-gu Seoul (hereinafter “instant building”) and the area of the store located on the west side is larger than that of the store located on the east side.

The defendant operated the restaurant in the name of "E" in the store located on the side of the book.

B. On February 5, 2014, the F entered into a lease agreement with Daehz Co., Ltd. (hereinafter “Sewz”) on a store with approximately KRW 112 square meters ( approximately KRW 60 square meters in exclusive use area) out of the stores of the first floor of the instant building, with a lease agreement of KRW 300 million and KRW 27 million in monthly rent.

C. F entered into a premium agreement with the Defendant for the said E store (hereinafter “instant store”) and paid KRW 200 million as the premium. The instant contract for the transfer of the right (facilities) written by F and the Defendant entered into the said agreement into with F as “290.91m2.m2.”).

At the time of the conclusion of the above premium agreement, it was stated that there was a resting restaurant with an area of 290.91 square meters on one floor and a Class 1 neighborhood living facilities (retail stores) with an area of 178.7 square meters in the building ledger for the instant building at the time of concluding the said premium agreement.

E. On April 30, 2014, F notified the non-party company that the said lease contract was terminated, and on November 25, 2014, F transferred KRW 200 million to the Plaintiff and notified the Defendant of the transfer of the said claim.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Eul evidence 5, Eul evidence 2, Eul evidence 4, Eul evidence 9 (including each number), and the purport of the whole pleadings

2. Determination

A. If the size of the store of this case is 112 square meters (exclusive size of 60 square meters), there is no store indicated as such in the building of this case. However, if the defendant acquired the premium to a store that does not belong to F by fraud, and if the size of the store of this case is 290.91 square meters, it is so long as the size of the store of this case is 290 square meters.