1. The plaintiff's main claim is dismissed.

2. The Defendant: (a) KRW 80,000,000 for the Plaintiff and its related expenses on July 8, 2015.

1. Basic facts

A. On November 2013, the Plaintiff became aware of C while displaying the place where Smarket was operated, and C introduced Nos. 107 and 108 (hereinafter “instant store”) of the Gangseo-gu Seoul Metropolitan Government D Complex (hereinafter “D Complex”) where an apartment was constructed by the Plaintiff, which the Defendant had the right to sell in lots, 601 main complex building 107 and 108 (hereinafter “instant store”).

B. On December 5, 2013, the Plaintiff entered into a contract with the Defendant to lease the instant store from the Defendant with a deposit of KRW 100,000,000 (a contract deposit of KRW 10,000,000, the balance of KRW 90,000), monthly rent of KRW 4,00,000, and the scheduled date of occupancy from June to 24, 2014 (hereinafter “instant lease contract”). The Plaintiff agreed to pay the Defendant KRW 80,000,000 as the so-called premium (hereinafter “instant premium contract”).

C. On December 5, 2013, the Plaintiff paid the Defendant KRW 10,000,000 for down payment and KRW 80,000,000 for premium pursuant to the instant lease agreement, according to the premium agreement. D. The Plaintiff paid KRW 90,00,000 for premium under the instant lease agreement.

In the D Complex, 601 commercial buildings (hereinafter referred to as "commercial buildings") have been constructed in addition to the 601 commercial facilities that contain the instant store.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 5, 6, Eul evidence Nos. 1, 2, 3, and 4 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. As to the main claim

A. Although it was possible for the Plaintiff to operate the Smarket in the store in addition to the instant store, the Defendant deceptioned the Plaintiff that the instant store was a place where the Plaintiff could operate the Smarket exclusively against the 1,500 households to move into the D Complex. Since the Plaintiff believed it and concluded the instant lease agreement, the Plaintiff may enter into the said lease agreement in accordance with Article 110(1) of the Civil Act.

Even if the Defendant entered into the instant lease contract, the commercial zone is located.