손해배상(기) 등
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be found either as a dispute between the parties or as a whole with respect to Gap evidence 1 and 2 as well as witness D's testimony.
Defendant B run the business in F’s trade name by leasing one column of the 1st floor store (hereinafter “instant store”) among the 3rd floor buildings owned by D from Busan, Jin-gu, Busan, Busan, and the 3rd floor building.
B. On October 30, 2015, the Plaintiff entered into a contract with Defendant C, a licensed real estate agent, to have the right to lease, fixtures, etc. of the instant store transferred from Defendant B as premium of KRW 95,00,000 (hereinafter “instant contract”), and the main contents of the said contract are as follows.
20,000 won of down payment, the remainder 75,000,000 won on the date of the contract, and the remainder 75,000,000 won, are obligated to enter into the lease contract between the owner and the transferee (the plaintiff and the transferee; hereinafter the same shall apply) on December 30, 2015, and the transferor is liable to compensate the assignee for the share of the down payment at the time when the transferor takes over the store of this case immediately upon the receipt of the remainder, and the transferee waives the down payment at the time of the contract. In this case
C. The Plaintiff paid KRW 20,000,000 to Defendant B around the time of the instant contract, while paying KRW 2,000,000 to Defendant C as a brokerage commission.
However, around November 2015, the Defendants requested that the Plaintiff return the down payment and brokerage commission without wanting to enter into the instant store lease contract with the Plaintiff on the grounds of the Plaintiff’s type of business (if any), etc.
E. However, the Plaintiff refused the Defendants’ above request and filed the instant lawsuit on December 7, 2015, and the duplicate of the instant complaint to the effect that the instant contract is revoked or rescinded was served on January 20, 2016 on the Defendant B.
2. The plaintiff's assertion and judgment
A. The summary of the first argument regarding the claim against Defendant B is that Defendant B is the Plaintiff.