권리부존재 확인 등 청구의 소
Of the judgment of the first instance, the part against the Defendants in the judgment is modified as follows.
The Plaintiff
A. Defendant B is KRW 100,000 and KRW 1.0.
1. Basic facts
A. The Plaintiff’s ASEAN, the owner of the instant housing (hereinafter “the deceased”) leased the instant housing units to F, by dividing the instant housing units into units, including leasing KRW 38 million to F from October 26, 2015 to October 25, 2017, a deposit of KRW 100,000,000, and the rent of KRW 1 million.
B. On February 10, 2017, the Deceased died on March 12, 2017.
The Plaintiff independently inherited the instant house, and completed the registration of ownership transfer on April 6, 2017.
C. From February to March 2017, Defendant B conspired with H, who is the birth of the deceased, and forged the letter of delegation stating that “the deceased sells the instant house to Defendant B, and Defendant B manages the existing lease contract concluded in the capacity of the deceased’s agent until September 30, 2018,” respectively. Defendant B forged the power of delegation stating that “the deceased delegates matters regarding the conclusion of the lease contract and the delivery of the contract, the receipt and return of the real estate rent, etc. to Defendant B.”
On March 13, 2017, Defendant B presented the above agreement and power of attorney, and concluded a lease agreement between the Deceased and the Joint Defendant Korea Land and Housing Corporation of the first instance trial (hereinafter “LH Corporation”) on the instant housing I (hereinafter “instant lease agreement”).
The instant lease agreement provides that the Deceased’s deposit for the deposit for the deposit for the deposit for the deposit for the deposit for the deposit for the deposit for the lease of the instant housing No. I with LH Corporation, and the contract period from March 21, 2017 to March 20, 2019, Defendant C, who is a person eligible for support for the deposit for the deposit for the deposit for the deposit for the lease of the said deposit, shall pay 2.5 million won out of the deposit for the foregoing deposit and move into the instant housing No. I, and if the contract is terminated, the full deposit for the deposit shall be refunded to LH Corporation
Defendant B stated the deceased’s address, resident registration number, etc. in the “leased” column of the above contract and affixed his seal thereto.
(e) the defendant.