손해배상(기)
1. The part against the defendant in the judgment of the first instance is revoked, and the plaintiff's claim as to the revocation portion is dismissed.
2...
1. Basic facts
A. On March 30, 2019, the Plaintiff entered into a lease agreement with the Defendant on the fourth floor Gh (hereinafter “the instant lease agreement”) of the 4th floor, non-party E of Gangseo-gu Seoul Metropolitan Government, and KRW 20,000,000, and the term of the lease from May 3, 2019 to May 2, 2021 (hereinafter “the instant lease agreement”). On the same day, the Plaintiff paid KRW 20,00,000 to the Defendant as the down payment.
B. At the time of concluding the instant lease agreement, the Plaintiff and the Defendant agreed on the down payment as follows:
Before the lessor pays the intermediate payment (if there is no intermediate payment, the remainder) to the lessor, the lessor shall reimburse the amount of the down payment, and the lessee may waive the down payment and rescind this contract.
[Matters of the special agreement (hereinafter “the instant special agreement”) - The H bank received on March 27, 2019 explained that the trust was made at the H bank.
The trust shall be cancelled at the remainder of the City.
- The lessor consents to the receipt by the lessor of the loan of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease (if the loan of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease, this contract becomes null and void, and the lease of the lease of the lease
2. Determination on the cause of the claim
A. The Plaintiff’s assertion 1) At the time of the conclusion of the instant lease agreement, the Defendant was not the owner of the instant loan, and there was no right to the instant loan. Therefore, the instant lease agreement is null and void.
2) The Plaintiff was seeking to obtain a lease loan at the center of the Seocho branch of the I Bank in order to create a lease deposit, but the instant lease agreement was null and void in accordance with the terms and conditions of the instant special agreement, since the lease deposit was at least KRW 215 million, even though the market price of the loan in this case was at least KRW 135 million.
3) As above, the instant lease agreement is null and void, the Defendant.