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1. Defendant B shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 20% per annum from July 31, 2014 to the date of full payment.
Reasons
1. Basic facts
A. On November 20, 2013, the Plaintiff, a licensed real estate agent, leased the fourth floor building on D ground (hereinafter “instant building”) owned by Defendant B as the broker of Defendant C, at Jeju-si, KRW 50,000,000, the lease term from January 6, 2014 to January 5, 2019, and KRW 2,500,000 each month of rent (hereinafter “instant lease agreement”).
B. On the other hand, Nonparty E leased the instant building from Defendant B on spring around 2013, and operated a private gambling business on the first floor without obtaining permission. However, upon entering into the instant lease agreement, the Plaintiff paid KRW 27,000,000 to the lessee and acquired the instant house sales business.
C. After the instant lease agreement, the Plaintiff was handed over the instant building and run private gambling business without obtaining permission from the 2, 3, and 4th of the instant building. Around May 2014, the Plaintiff became aware that the said building cannot be permitted to engage in private gambling business.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, the purport of the whole pleadings
2. Determination as to the claim against the defendant B
A. The plaintiff's assertion that Defendant B could not obtain a private house from the building of this case, and the building of this case is leased to the plaintiff. Since the plaintiff concluded the lease contract of this case by mistake or deception from Defendant B on the important part of the contract, the lease contract of this case was revoked through the complaint of this case.
Defendant B shall pay 50,00,000 won deposit, premium of KRW 27,00,000,000, and premium of KRW 12,50,000,000 in total for five months from January 6, 2014 to June 5, 2014, total of KRW 97,000,000 in total, and delay interest thereon.
B. The judgment on the claim for revocation is that Defendant B, via an agent F at the time of the instant lease agreement, permitted the Plaintiff to engage in gambling business on the instant building.