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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 8, 2014, the Plaintiff entered into a commercial lease agreement (hereinafter “instant lease agreement”) with Defendant B on the first floor located in Gwanak-gu, Seoul Special Metropolitan City D (E and one parcel, and operated the restaurant in this case from July 31, 2014 to July 30, 2016, setting the lease deposit amount of KRW 60 million, monthly rent of KRW 50 million, monthly management fee of KRW 500,000, monthly management fee of KRW 5000,000, and the term of lease from July 31, 2014 to July 30, 2016, and Defendant C, a licensed real estate agent, arranged the instant lease agreement.
B. At the time of the conclusion of the instant lease agreement, the area column among the indication of real estate subject to the lease agreement and the product indication of the product subject to the manual for confirmation of the object of brokerage, which is indicated as 186.48 square meters in the exclusive area column. The actual area of the instant commercial building (general restaurant) used by the Plaintiff is about 139.95 square meters ( around 42.33 square meters). On the first floor of the building in which the instant commercial building belongs, the area of the instant commercial building (general restaurant) is located in approximately 46.5 square meters ( around 14.07 square meters) in addition to the general restaurant occupied and used by the Plaintiff.
C. Meanwhile, the building content of the entire certificate of registration on the instant commercial building is registered as a general restaurant with 216.48 square meters for one story, a parking lot with 39.20 square meters for 1st 216.48 square meters for 39.20 square meters for each floor, and the building status column in the general building ledger is mistakenly recorded as the first floor general restaurant with 186.48 square meters for 186.48 square meters for 186.48 square meters for 186.48 square meters for 17 August 2012, the general restaurant of 216.48 square meters for 186.48 square meters for general restaurants and the first class neighborhood living facilities (retail stores) for 30 square meters for 1st 30 square meters for each floor.
The Plaintiff and the Defendant agreed to terminate the instant lease agreement on April 2016, and the Plaintiff transferred the instant commercial building to the Defendant on April 2016.
[Ground of recognition] Facts without dispute, Gap 1-6's entries or videos, and arguments.