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(영문) 서울남부지방법원 2015.12.04 2015나1197

장래이행 청구

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Defendant C related to the actual lease agreement is the owner of the third floor multi-family house in the Nowon-gu Seoul Special Metropolitan City (However, the registration injury is the first floor underground and the second floor above ground).

E Around November 13, 2004, between Defendant C and Defendant C entered into a lease agreement with the following terms: (a) some of the two floors of the above multi-family house (hereinafter referred to as “instant leased premises”) as lease deposit; (b) monthly rent of KRW 1 million and KRW 2.50,000 (the monthly rent contract (Evidence B No. 1) appears to be the monthly rent of KRW 2.5 million, but this appears to be the clerical error of the above “2.50,00 won”; and (c) Defendant B resided in the instant leased premises together with Defendant B.

B. From September 25, 2005 to October 14, 2005, the term of each of the instant false lease contracts is indicated as follows: (a) around 2012, the term of each of the instant lease contracts is indicated as follows: (b) around September 25, 2005; (c) on the second floor above the leased object; and (d) from October 14, 2005 to October 14, 2005; and (e) on the lease agreement, the lessor was marked as Defendant C and B’s seal; and (d) on the lease agreement with the lessor as Defendant C and lessee as Defendant B, the term of each lease agreement is indicated as from September 24, 2014 to September 24, 2014. < Amended by Presidential Decree No. 25793, Sep. 24, 2014>

(However, the lease contract date is a public column) is falsely prepared, and the defendant C's seal and the defendant B's seal imprint was affixed on the lease contract.

(hereinafter referred to as “each of the instant lease contracts”) written by E. D.

Since July 2012, E, including loan of KRW 30 million, offered to the Plaintiff each of the instant false lease agreements, and subsequently, requested to lend money of KRW 32 million out of KRW 50 million to the Plaintiff as collateral, and the Plaintiff accepted it.

E around September 19, 2012, Defendant B and E are the Plaintiff.