건물명도등
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. Basic facts
A. On July 21, 2007, Defendant D entered into a real estate lease agreement with Defendant B to lease each of the real estate listed in the separate sheet (hereinafter “instant real estate”) with Defendant B (hereinafter “instant lease agreement”) by setting the lease deposit amount of KRW 30,000,000, monthly rent of KRW 500,000, and the lease term from July 21, 2007 to July 21, 2012 (hereinafter “instant lease agreement”).
B. 1) On December 2007, Defendant D’s husband, “Defendant D and E” written in the real estate indication column in the real estate lease contract form for patrolmen, “the instant real estate”, “60,000,000 won in the previous rent deposit column, “50,000 won per month” in the rent column, “from July 21, 2007 to July 21, 2012” in the lease term column, and “Defendant B” in the lessor’s column, and “Defendant D and E” in the lessee’s column, and affixed Defendant B’s seal on the name of Defendant B (hereinafter “instant forgery contract”).
(2) On October 30, 2008 between the Plaintiff and Defendant D, the letter of credit transfer and takeover (hereinafter “instant letter of credit transfer and takeover”) was prepared between the Plaintiff and Defendant D, stating that Defendant D will transfer the lease deposit under the instant forged contract to the Plaintiff.
3) On November 11, 2008, E indicated that he is Defendant D’s agent, a notary public issued the instant bonds transfer and receipt and the instant forged contract to a law firm open to the law firm, and obtained certification thereof (No. 3222, 2008). On the same day, the notice of assignment of claims in Defendant D’s name attached to the said certificate was sent to Defendant B by content-certified mail. (C) On November 11, 2008, E forged one copy of the said real estate lease contract in Defendant B’s name, thereby exercising the instant forged contract by means of delivering it to the employees of the law firm open to the law office (Cheongju District Court Decision 2013Da3562, Apr. 22, 2014; Supreme Court Decision 2000,000 won).