전부금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff, based on the premise, received an order for the attachment and assignment of the claim against Suwon District Court for the lease deposit amounting to KRW 70 million with respect to the lease deposit return claim 606, 1803, 1803 (hereinafter “instant apartment”) from the Defendant, which is the garnishee on September 16, 2014. The said order was served on the Defendant, who is the garnishee on September 3, 2014.
The defendant joining the defendant is D's words.
[Ground of recognition] Unsatisfy, Gap evidence 2
2. The defendant asserts that the present tenant of the apartment of this case is not D but D, and that there is no lease deposit claim against the defendant against the defendant.
The plaintiff asserts that the actual tenant of the apartment of this case is D, and that the lease contract between the defendant and the defendant joining the defendant was made retroactively for the purpose of evading obligations, and thus null and void.
3. Determination
A. The following facts are acknowledged in light of the purport of the entire pleadings in the statement Nos. 3, 4, 1, 2, 6, 13-17.
On November 14, 2013, the Defendant entered into a lease agreement with the Intervenor joining the Defendant, setting the instant apartment as the deposit amount of KRW 160 million, the contract period from December 31, 2013 to December 30, 2015.
The Intervenor’s Intervenor paid the down payment of KRW 16 million on the date of the contract.
On December 31, 2013, which is the remaining date of the balance, the defendant joining the defendant requested the defendant to change the lessee to D, his/her own birth.
Accordingly, the Defendant, D, and the Defendant’s Intervenor abolished the existing lease agreement (No. 1-2), and then drafted the lease agreement (No. 3) on November 14, 2013, which was concluded on November 14, 2013.
The remainder was paid by the Intervenor joining the Defendant.
D received a fixed date in the lease contract on the same day, and made a move-in report.
After that, the Intervenor joining the Defendant is the Defendant.