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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. As to the third floor Nos. 301 and 401 among the buildings of the fourth floor C in Gyeyang-gu Seoul Metropolitan City owned by the Plaintiff (hereinafter “the instant building”), each lease agreement (the copy is a document No. 1-2 and No. 3; hereinafter “the instant lease agreement”) was prepared, stating that “the lessee, the Plaintiff, the lessee, the lessee, the lease deposit amount of KRW 186 million, and January 5, 2003 on the date of preparation of the contract.”
B. On January 15, 2014, the Defendant filed a lawsuit against the Plaintiff stating that “The Defendant concluded the instant lease agreement with the instant Plaintiff, and leased KRW 301 and KRW 401 of the third floor of the instant building KRW 186 million among the instant building, the Defendant rescinded the said lease agreement with the instant Plaintiff, and sought the refund of KRW 186 million upon the delivery of a duplicate of the complaint.”
Accordingly, the Plaintiff, without paying the deposit to the Plaintiff, occupied the part of 302 separated from the part of 301 of the instant building (hereinafter “the part occupied by the Defendant”), and accordingly, filed a counterclaim to the effect that “the part occupied by the Defendant” was sought.
【The First Instance of the instant case and the First Instance of the Supreme Court (hereinafter referred to as the “Prior Lawsuit in this case”) are collectively referred to as the “Prior Lawsuit in this case,” including the case from the first instance court to the final appeal.
In the first instance court of the instant prior suit, the Plaintiff alleged that the attached real estate lease agreement (as evidence No. 1-3 is the original of evidence No. 1-3. The evidence No. 1-3 is the same as the contents and entries of evidence No. 1-2 of the attached document No. 1-3, but the fixed date date is not affixed differently from the evidence No. 1-2 of the attached document No. 1-2; hereinafter “the instant lease agreement” was not prepared on January 5, 2003, which is the date on which the above contract was written, and was forged after June 2013.