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(영문) 서울동부지방법원 2018.08.21 2017가단137188
손해배상(기)
Text

1. Defendant C and D jointly share KRW 30,000,000 to the Plaintiff, as well as the year from October 28, 2017 to August 21, 2018.

Reasons

1. Basic facts

A. Defendant C and D are the owners of 333 and 334 (hereinafter collectively referred to as “instant commercial buildings”) of the 3rd floor E and 10 lots of land outside Gangdong-gu Seoul, Gangdong-gu, Seoul, and are the parents of Defendant B.

B. On April 15, 2016, the Plaintiff entered into a contract with Defendant B to transfer the right to lease (hereinafter “instant contract for the transfer of right”) by setting the premium as KRW 20 million with respect to the instant commercial building, and paid the remainder of KRW 5 million on the date of the contract, and KRW 15 million on May 13, 2016.

C. On the same day, the Plaintiff entered into a lease contract (hereinafter “instant lease contract”) with Defendant C, D, and the commercial building of this case by setting the lease deposit amount of KRW 50 million, KRW 2.8 million per month, and KRW 5 million per day, and KRW 30 million in intermediate payment on April 25, 2016.

On December 2016, the Plaintiff filed a claim with the Defendants for the return of the premium and lease deposit paid to the Defendants, along with their intent to cancel the lease agreement, and Defendant C and D notified the Plaintiff of the payment of the remainder on January 2017 and notified the Plaintiff of the intent to terminate the lease on or around February 5, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The Defendants asserting that the Plaintiff’s assertion was false lease agreement even though there was no actual lease agreement between them, and based on this, the Plaintiff acquired the premium and security money by entering into a lease and right transfer contract by deceiving the Plaintiff. Therefore, the Plaintiff’s respective contract with the Defendants pursuant to Article 110(1) of the Civil

In addition, the plaintiff did not know the important matters of family relations of the defendants and entered into a contract with the defendants, and thus the above contract is revoked on the ground of mistake pursuant to Article 109(1) of the Civil Act.

Next, the instant lease agreement is implied around February 2017 by mutual agreement between the Plaintiff, Defendant C, and D.

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