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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. On June 27, 2016, a lease agreement was concluded between Defendant B and the Plaintiff for the purpose of the brokerage of Defendant C (hereinafter “Defendant C”) with respect to the building on the ground (such as the underground first floor, the community living facilities with the structure of the fourth floor above the ground, and accommodation facilities; hereinafter “instant building”) outside of Gyeonggi-gun, Gyeonggi-gun, and one parcel owned by Defendant B (hereinafter “Defendant B”), between Defendant B and the Plaintiff for KRW 20 million, monthly rent, KRW 9.3 million, and its duration from July 1, 2016 to June 30, 2018.
(hereinafter “instant lease agreement”). B.
On June 27, 2016, the Plaintiff registered his/her business with the trade name “E” and reported his/her business suspension on November 10, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 9, 10, 11, and the purport of the whole pleadings
2. The gist of the Plaintiff’s assertion was that the laundry and singing rooms installed in the instant building were illegal buildings, and the BabC attached to the instant building was installed without permission on state-owned land.
Although the Defendants were obligated to notify the Plaintiff of such fact, at the time of entering into the instant lease agreement, the Defendants stated that the instant building was a legitimate building.
The above facilities are important facilities in the Plaintiff’s operating a lodging business in the instant building, and Pyeongtaek-gun ordered Defendant B to restore the said facilities to their original state. Accordingly, the Plaintiff notified Defendant B of the termination of the instant lease agreement on November 4, 2016 on the ground that it was impossible to properly operate the lodging business in the instant building, and suspended business from November 10, 2016.
Due to the Defendants’ nonperformance or tort, the Plaintiff suffered damages equivalent to KRW 49,830,850,000 as indicated in the separate sheet, and the Defendants are jointly obligated to compensate the Plaintiff.
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