손해배상(기)
1. The plaintiff's appeal and the changed claim in exchange in the trial are all dismissed.
2. After an appeal is filed.
Basic Facts
E entered into a lease agreement between the Korea Land and Housing Corporation and Sejong Special Self-Governing City on December 7, 201 with respect to the lease apartment located in Sejong Special Self-Governing City (hereinafter “instant apartment”) as of 53,50,000, monthly rent of KRW 580,000, and the lease term of February 28, 2014.
E was the buyer in order to transfer the right of lease of the apartment of this case after receiving a premium.
On February 27, 2012, the Plaintiff paid KRW 50,700,000 in total to E, including KRW 10,700,000 as part of the lease deposit for the instant apartment, and KRW 40,700,000 as premium. The Defendant paid KRW 42,70,000 in total to E, excluding KRW 8,00,000 as brokerage commission.
Since then, the defendant could not transfer the above right of lease, the defendant returned 8,000,000 won to the plaintiff.
E applied for approval of the transfer of the right of lease to the Korea Land and Housing Corporation for the transfer of the right of lease of the apartment of this case by the lessee C, but the transfer approval was denied because the transfer of the right of lease is false.
In addition, as it is found that C does not reside in the apartment of this case, C's right to lease was extinguished by the termination of the lease contract of the Korea Land and Housing Corporation.
[Based on the facts of absence of dispute, Gap evidence Nos. 1 through 6 (including additional numbers), Eul evidence No. 1, Eul evidence No. 1, F of the witness of the first instance trial, Eul's testimony, and the purport of the whole pleadings concluded a lease transfer contract with the defendant on the apartment of this case, and the plaintiff concluded a lease transfer contract on the apartment of this case due to the defendant's cause attributable to the defendant, and the plaintiff cancelled the above contract on this ground, the defendant is obligated to return the money received to the plaintiff due to the cancellation of the contract.
Judgment
The plaintiff 50,700,000 won to the defendant.