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(영문) 서울남부지방법원 2015.01.23 2014가단23786
장래이행 청구
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant C owns a multi-family house with the third floor located in Seocheon-si, Seocheon-si, Nowon-gu (However, in the register, the first floor above the ground and the second floor above the ground). The first floor is divided into room 4 partitions and the second floor into room 4 partitions, and the third floor is occupied and used by the above Defendant.

B. On November 13, 2004, E entered into a lease agreement with Defendant C on the condition that part of the above second floor (hereinafter “the leased part of this case”) is KRW 1 million as lease deposit and KRW 250,000 as monthly rent (the monthly rent contract (Evidence B of this case) appears to be a clerical error of the above “2.50,00 won” but Defendant B resided in the leased part of this case together with Defendant C.

C. Around September 25, 2005, E prepared a false lease agreement (Evidence 3-1) with a lessor as Defendant C and a lessee as “Defendant B, on the following grounds: (i) around September 25, 2005, the lease agreement with the lessor as to the second floor above the leased object; (ii) the lease agreement with the lessee as to the second floor above the leased object from October 14, 2005 to October 14, 2005 (Evidence 3-1); (ii) around 2012, the lessor as Defendant B entered into a false agreement with the lessor as to the lease agreement with the lessor from September 24, 2014 to September 24, 2014 (No. 3-1).

1) On July 2012, E presented each of the above lease agreements (No. 3-2 of the evidence A) to the Plaintiff, and demanded the Plaintiff to lend money to the Plaintiff as security, after having transferred the claim against KRW 32 million out of the lease deposit amount of KRW 50 million. 2) E, around September 19, 2012, by having the Plaintiff jointly and severally liable for 30 million from the Plaintiff under the name of Defendant B and E (Ga name G), with the loan period of KRW 30 million from September 19, 2012 to April 30, 2013.

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