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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.
Reasons
1. On August 11, 2015, the Plaintiff’s assertion entered into a lease agreement with the deceased D (hereinafter “the deceased”) on the condition that the Plaintiff will rent KRW 5,000,000, monthly rent, KRW 1,000,000, and KRW 5,000,000 as the lease deposit (hereinafter “instant lease agreement”) from November 1, 2015. The deceased already leased the instant commercial building to Nonparty F, and thus, the Plaintiff could not use and benefit from the instant commercial building, despite being unable to allow the Plaintiff to use and benefit from the instant commercial building, the Plaintiff could not use and benefit from the instant commercial building due to the demand of the F.
Therefore, the Defendants, the inheritor of the deceased, are liable to compensate the Plaintiff for damages, and the Plaintiff’s total amount of KRW 19,950,00 (=5,00,000 + KRW 14,950,000) paid by the Plaintiff to the deceased for operating the business in the commercial building of this case, and Defendant B, according to the Defendants’ share of inheritance; Defendant B, 11,970,000 (==19,950,000 + 3/5); Defendant C, 7,980,000 (=19,950,000 + 2/5) and damages for delay for the said money.
2. According to the records on the evidence No. 1, the deceased prepared a lease agreement on the commercial building of this case with the above F on April 6, 2015, which was prior to the conclusion of the instant lease agreement, but it is not sufficient to recognize that the deceased, by deceiving the plaintiff, entered into a double lease agreement on the commercial building of this case. There is no other evidence to acknowledge it, and rather, according to the purport of the statement No. 2 and No. 11 in the evidence No. 2 and No. 11 and the whole arguments, it is recognized that the deceased obtained the consent of the above F prior to the conclusion of the instant lease agreement. Accordingly, the plaintiff's above assertion is eventually accepted.