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(영문) 부산지방법원 2019.08.28 2018가합50129
손해배상(기)
Text

1. The plaintiffs' primary claims against the defendants and the conjunctive claims against the defendant C are all dismissed.

2...

Reasons

1. Basic facts

A. The Plaintiffs are the mother and child relationship, and Defendant C is the owner of the Southern-gu G, H land and ground buildings in Busan (hereinafter “the instant cartel”).

In addition, Defendant F is the representative of the I Licensed Real Estate Agent Office, and Defendant D and E are brokerage assistants working in the above Licensed Real Estate Agent Office.

B. On April 25, 2018, the Plaintiffs entered into a lease contract with Defendant C for the instant cartel (hereinafter “instant lease contract”) by setting the lease term of KRW 1.2 billion (in the event of a contract, the remainder of KRW 250 million shall be paid up until May 1, 2018), monthly rent of KRW 25 million, and the lease term from May 1, 2018 to April 30, 2020 (hereinafter “the instant lease contract”). On the same day, the Plaintiffs paid KRW 250 million to Defendant C as the down payment.

[Ground of recognition] Facts without dispute, Gap evidence 2 and 5 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiffs' assertion

A. Although the Defendants’ primary claim against the Defendants did not actually exceed KRW 70 million, the monthly sales of the instant Moel amounted to KRW 70 million, the Defendants deceptioned the Plaintiffs that the monthly sales amounted to KRW 70 million. The Plaintiffs suffered damages equivalent to KRW 250,000,000 as the down payment by entering into the instant lease contract in the erroneous state.

Therefore, the defendants are jointly and severally liable to compensate the plaintiffs for the above damages.

B. As above, Defendant C conspired with the other Defendants on the monthly sales of the instant telecom, and the Plaintiffs conspireded with the Defendant C, thereby entering into the instant lease agreement. Accordingly, the Plaintiffs revoked the said lease agreement on the ground of fraud and seek a return of KRW 250 million as unjust enrichment to Defendant C. (2) On July 27, 2018, the instant lease agreement with Defendant C is concluded.

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