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(영문) 서울중앙지방법원 2019.01.10 2018가합511862
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff as a party is the lessee who entered into a lease agreement with the Defendant, a lessor, with the Gangnam-gu Seoul Metropolitan Government F-11.22 square meters (hereinafter “instant building”), with respect to the lease agreement with the Plaintiff, and the Defendant C is a practicing licensed real estate agent who was engaged in real estate brokerage, and the manager of the instant building. The Defendant D Association is a person who entered into a mutual aid agreement with the Defendant C on liability for damages arising from the act of real estate brokerage.

B. 1) On February 3, 2015, the Plaintiff entered into a lease agreement with Defendant C, a licensed real estate agent, as the broker of Defendant C, with a lease deposit of KRW 50 million, monthly rent of KRW 4 million, and a lease agreement between May 1, 2015 and April 30, 2017 (hereinafter “instant lease agreement”).

2) Upon entering into the instant lease agreement, the Plaintiff and Defendant B agreed to lease the Plaintiff’s interior period (from May 1, 2015 to May 16, 2015) without compensation. At the time of entering into the instant lease agreement, the Defendant C issued to the Plaintiff a certificate of mutual aid issued by the Defendant D Association (hereinafter “Defendant Association”) (hereinafter “Defendant Association”).

C. Since May 2015, the Plaintiff received the delivery of the instant building under the instant lease agreement, from around May 2015, the Plaintiff began to perform the construction of a new laver after removing all the old lavers or facilities. 2) The Plaintiff delayed the payment of rent under the instant lease agreement. Defendant B, the lessor, filed a lawsuit against the Plaintiff seeking delivery of buildings and payment of overdue rent and unjust enrichment on May 24, 2016. The first instance court (Seoul Central District Court 2016Da516148) and the appellate court (Seoul Central District Court 2017Na28688) and the appellate court (Seoul Central District Court 2017Na28888) have incurred during the lease term and until the Plaintiff delivers the building to the Defendant.

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