손해배상(기)
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On August 22, 2007, Defendant B, a licensed real estate agent, leased the lease deposit of KRW 20 million, monthly rent of KRW 1.5 million, and the term of lease from August 23, 2007 to August 22, 2009 (hereinafter “instant lease agreement”), and the said lease agreement has been renewed every two years.
B. The Plaintiff was running a licensed real estate agent business under the name of “H Licensed Real Estate Agent Office” in Yongsan-gu Seoul Metropolitan Government, but around April 2016, the Plaintiff decided to take over the right of lease under the instant lease agreement with Defendant B (including KRW 20 million as lease deposit) with Defendant B as the principal agent of the H Licensed Real Estate Agent Office (trade assistant).
(hereinafter “instant contract for the transfer of rights”). However, the instant contract for the transfer of rights was concluded orally, and no separate contract for the transfer of rights was written.
C. Meanwhile, at the time of the conclusion of the instant contract for the transfer of rights, Defendant C, the fraud of Defendant B, was running a licensed real estate agent’s business in the name of “J Licensed Real Estate Agent Office” in the instant real estate, and Defendant B was running a licensed real estate agent’s business in Seongdong-gu Seoul Metropolitan Government with the trade name of “L Brokerage Office.”
On May 30, 2016, the Plaintiff entered into a lease agreement with the owner of the instant real estate’s agent M (the mother of the foregoing D and E) and with respect to the instant real estate, with the lease deposit of KRW 20 million, monthly rent of KRW 1.1 million, and the lease agreement from May 23, 2016 to May 22, 2018.
As a new lease agreement was concluded, the Plaintiff paid KRW 20 million to M, and M paid KRW 20 million to Defendant B, but M paid KRW 20 million to Defendant B, in lieu of the Plaintiff’s payment to Defendant B, the Plaintiff paid KRW 20 million on May 30, 2016, which is the date when the lease agreement was concluded.
E. The Plaintiff is the Plaintiff.