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(영문) 대구지방법원 2020.05.20 2018가단131930
손해배상(기)
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim B are all dismissed.

2...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

As between E on August 15, 2018, the Plaintiff concluded a lease agreement with the content that, between E and E, the amount of KRW 10 million for deposit, KRW 1 million for down payment, KRW 800,000,000 for rent, and the lease period from September 7, 2018 to September 6, 2021, the Plaintiff concluded a lease agreement to lease the amount of KRW 495.87 square meters for the Daegu-gu, Daegu-gu (hereinafter “instant land”).

(hereinafter “instant lease”). Defendant C, as a licensed real estate agent, mediated the instant lease agreement between the Plaintiff and E, and Defendant B entered into the instant lease agreement on behalf of E with his identification card and seal affixed thereto.

The Defendants leased the terms and conditions of the instant lease agreement, and the electricity, water supply, panty, container, and other construction costs shall be borne by the lessee,” and the confirmation and explanatory note of the object of brokerage stated the specific use area as the natural green belt area.

Meanwhile, after entering into the instant lease agreement, the Plaintiff started construction works on fences, offices, and warehouses on the instant land from August 17, 2018 to repair heavy air-conditioners, sell, and install heavy air-conditioners.

However, the instant land is an area where it is impossible to construct a warehouse as a development restriction zone, and part of H land owned by G was included in addition to the land owned by E.

(A) The Plaintiff’s assertion that Defendant B, including part of the said H land, did not dispute with the “F” lease agreement. [The grounds for recognition], was written in the following: (a) evidence Nos. 1 through 4, and 9; (b) each film of evidence Nos. 6; (c) witness I’s testimony; and (d) the purport of the claim for the purport of the entire pleadings of the instant land; and (b) the Plaintiff’s assertion that Defendant B conspired the Plaintiff as he was E.

In addition, the instant land is a development restriction zone, and the Defendants are able to construct the instant land without notifying this fact even though it includes another person’s land.

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