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1. The defendant shall pay the plaintiff KRW 290,000,000.
2. The costs of the lawsuit are assessed against the defendant.
3.Paragraph 1.
Reasons
1. Facts of recognition;
A. On May 5, 2017, the Plaintiff entered into a lease agreement with Seongbuk-gu Seoul Metropolitan Government D and 1 parcel No. 3 E (hereinafter “instant building”) (hereinafter “instant building”) with the term of lease from July 3, 2017 to July 2, 2019, the lease deposit amount of KRW 290 million was fixed and leased.
(hereinafter “instant contract”). (b)
The Plaintiff paid KRW 290 million to C, and received the instant building around that time, and completed the move-in report on the instant building on July 4, 2017.
C. As to the instant building, F on July 27, 2017, and the Defendant completed the registration of ownership transfer based on each sale on November 2, 2017.
On the other hand, on January 16, 2018, the Defendant prepared a false lease contract stating the Plaintiff’s deposit amount of KRW 10,000 on the instant building, and affixed the Plaintiff’s seal prepared in advance after arbitrarily signing the Plaintiff’s signature.
As above, the Defendant fabricated the security value of the building of this case using a forged lease contract, and borrowed KRW 120 million from G to secure the building of this case.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 4 (including branch numbers if there is a serial number). The purport of the whole pleadings
2. Determination
A. A continuous contract, such as the lease, is based on the trust relationship between the parties. If the trust relationship, which forms the basis of the contract, is destroyed due to a breach of the contractual obligation of one of the parties or any other wrongful act during the existence of the contract, has reached the degree that it is difficult to maintain the contract relationship as it is, the other party may terminate the contract relationship, thereby extinguishing
(See Supreme Court Decision 94Da17826 delivered on March 24, 1995, Supreme Court Decision 2002Du5948 delivered on November 26, 2002, etc.) B.
In full view of the above facts recognized as above, the plaintiff's opposing power as stipulated in Article 3 (1) of the Housing Lease Protection Act.