beta
Text
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
Reasons
1. Basic facts
A. On May 3, 2014, the Plaintiff entered into a lease agreement with Defendant C, a licensed real estate agent, with the terms that the first floor Nos. 1-1 and 1-2 among the fourth floor D above the Goyang-gu D ground (hereinafter “instant building”) and that the lease deposit is KRW 30,000,000,000 monthly rent, and the lease term is from June 30, 2014 to June 29, 2016 (hereinafter “the lease”). On that day, the Plaintiff paid KRW 50,000,000,000,000 to Defendant B.
B. Meanwhile, at the time of the instant lease agreement, the above Nos. 1-1 was in a public room (formerly used as a sales store for sports goods in the trade name “E”), and the above Nos. 1-2 was operating a restaurant in the trade name of “G.” The Plaintiff, upon the commencement of the instant lease agreement, started preparation for the opening of the business, such as destroying the walls between the above Nos. 1-1 and 1-2 and requesting for the field of construction inspection, around June 2014 under the plan to use the entire site as a restaurant.
C. On June 2014, before the commencement of the instant lease, the Plaintiff sought a reply to the public official in charge of food sanitation in the Gyeyang-gu Office of Gyeyang-gu, Gyeyang-gu, Seoul, prior to the commencement of the instant lease, to the effect that “No problem exists with the purification, but a new restaurant license for the entire number of 1-1 and 1-2 is difficult due to the existence of illegal expansion buildings on the first floor of the instant building.”
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1, Eul evidence 5, Eul evidence 1, Eul evidence 3-1, 2, Eul evidence 8 and 9, and the purport of the whole pleadings and arguments
2. The plaintiff's assertion and judgment
A. At the time of the Plaintiff’s instant lease agreement, the Defendants’ assertion that there exist illegal buildings in the instant building, and thereby, to the entire number of subparagraphs 1-1 and 1-2.