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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. 1) The Defendant entered into a lease contract 1) On June 20, 2016, the Plaintiff, a licensed real estate agent, as the broker of the Plaintiff, on June 20, 2016, owned C [Road Name Address Seoul E] F (hereinafter “instant store”).
A) “Agreement on the Acquisition or Transfer of Facilities and Rights” between H and I with which G clothing stores were operated (hereinafter “instant agreement on the acquisition or transfer of rights”).
(2) On June 23, 2016, the Plaintiff concluded a lease contract with the Defendant on the instant store (hereinafter “instant lease contract”) with the Defendant’s broker, and on the same day, paid KRW 2,000,000 as the down payment under the instant lease contract to Defendant H and I.
Deposit: 20,000,000 down payment: 2,000,000 won at the time of the contract and received at the time of the contract: Balance: 18,00,000,000 won at the time of the contract, and on or before July 15, 2016: monthly lease period: 1,50,000 won: 3) the instant store is located at a distance of about 200 meters from the Plaintiff’s office from July 15, 2016 to July 14, 2018; 2) the Plaintiff had been aware of the panel structure of the instant store from the Plaintiff’s office. (1) The instant lease agreement stated that the exclusive use area is 57 square meters, but its portion was in violation of the Building Act.
2) The Defendant provided that, among individuals, the Plaintiff could not achieve the original purpose of the instant lease agreement due to the violation of the Building Act, via the Plaintiff, and that the Defendant did not pay the remainder of the lease deposit upon requesting the rescission of the instant lease agreement. C. H and I demand the Plaintiff to pay the remainder of KRW 15,000,000 under the instant lease agreement on July 18, 2016, while demanding the Plaintiff to pay the remainder of KRW 15,000 under the instant lease agreement.