손해배상(기)
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. In light of the whole purport of the arguments in Gap evidence Nos. 1, 2, and Eul evidence Nos. 3 (including a serial number), the plaintiff paid part of the Seo-gu Incheon, Seo-gu, Incheon (hereinafter "the land in this case") from defendant B on April 8, 2006 to March 31, 2008 with the lease term of 3 million won during the above lease term of 3 million won (hereinafter "the lease in this case"), while renting the land in this case with the rent of 3 million won for the above lease term of 200 million won, the plaintiff occupied and used the land in this case after the lease period of this case from March 29, 2008 to March 31, 2008.
2. Although Defendant B did not have the right to lease the instant land because he was not the owner of the instant land, he deceptioned the Plaintiff as if he had the right to lease in the process of concluding the instant lease agreement with the Plaintiff, and concluded the instant lease agreement with the Plaintiff. The Defendants, as if he had a legitimate right to receive rent, deceptioned the Plaintiff and received a total of KRW 13,80,000 from the Plaintiff, thereby deceiving the Plaintiff, so the Defendants, a joint tortfeasor, are jointly liable to compensate the Plaintiff for damages equivalent to the said money
3. Determination is based on the following: (a) even if the lessor does not have the right to lease the leased object, the lease agreement is effective; (b) so, the lessor is obligated to have the lessee fully use and benefit from the leased object; and (c) the lessee is the rent for the use and benefit of the leased object unless the lessor’s obligation is impossible.