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(영문) 서울고등법원 2017.11.01 2017나2024074
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part of the judgment against Plaintiff K against the Defendant L is revoked, and that part constitutes the revoked part.

Reasons

1. The part of the judgment of the court of first instance as to the plaintiffs' claims, other than the plaintiff K, among the grounds for the court's explanation concerning this case, is the same as the corresponding part of the judgment of the court of first instance, except for adding "the judgment as to the plaintiff's claims for restitution following the cancellation of the plaintiff's G, H, I, and J" to the plaintiff's claims for the defendants which were selectively added in the court of first instance by the plaintiff G and the plaintiff's claims for restitution against the defendant Eul, which were selectively added in the court of first instance by the plaintiff H, I, I, and J.

2. Determination as to the claim for restitution following the cancellation by the Plaintiff G, H, I, and J

A. The first floor V commercial building underground of the Seoul Jung-gu U.S. (hereinafter “U building” in the above plaintiffs’ assertion, and only the V commercial building is referred to as “V commercial building”) did not have a legitimate right to lease to the V commercial building, despite the fact that the co-owners in the white name possess the share ownership, and the defendant L did not explain the important matters under the above contract to the plaintiff G, H, I, I, and J. Accordingly, the plaintiff G, H, I, and J concluded each lease contract on the defendant L and V commercial building due to the error of the important part under the contract.

Therefore, the above plaintiffs are revoked on the ground of mistake in the above lease agreement, so the defendants are jointly and severally obligated to return money equivalent to the sale price to the original state following cancellation of the contract, and the defendant L has a duty to return money equivalent to the sale price to the original state following cancellation of the contract to the plaintiff H, I, and J.

(The above plaintiffs added the above claims to the damages claim and selectively in the trial).

Judgment

1) The part of the plaintiffs' claim against the defendant L, Gap evidence Nos. 10, 12, 13, and 15 (which include each number; hereinafter the same shall apply)

The whole of the statements and arguments shall be taken into account.

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