양수금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 and Eul evidence 10:
The plaintiff is the creditor of the deceased C (hereinafter referred to as the "the deceased"), and the defendant is the owner of the real estate listed in the attached Table (hereinafter referred to as "the real estate in this case").
B. The Deceased died on July 11, 2014.
2. The parties' assertion and judgment
A. On December 27, 2011, the Defendant leased the instant real estate from the Defendant as the lease deposit amounting to KRW 250 million, and from January 31, 2012 to January 30, 2014. On April 25, 2012, the Plaintiff, the Defendant, and the Deceased entered into a contract for partial assignment of the claim between the deceased and the Plaintiff, stating that “The deceased transferred KRW 1.5 million out of the deceased’s claim for the return of the lease deposit against the Defendant, and the Defendant shall consent thereto,” and the said lease was terminated as of January 30, 2014.
Therefore, the defendant is obligated to pay 150 million won and damages for delay to the plaintiff, the transferee of the above lease deposit repayment claim.
D. The Defendant did not lease the instant real estate to the Deceased. However, on January 14, 2012, the Defendant leased the instant real estate to D. The Deceased, in collusion with D, etc., prepared a false lease contract and a transfer contract by means of forging the Defendant’s resident registration certificate using the Defendant’s personal information acquired at the time of the said lease, and borrowed money from the Plaintiff using it.
Therefore, the Plaintiff’s claim for the return of the lease deposit that the Plaintiff acquired from the Deceased is merely a false or processed claim, and the Defendant is not obligated to pay the Plaintiff the above KRW 15 million.
B. A. 1, A. 1 (in part of a bond transfer contract), and A. 4 (in part of an apartment lease contract), the documents to prove the authenticity of each application are submitted.