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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
Judgment of the first instance.
Reasons
1. The reasons why this Court has used for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following '2. Additional Judgment' to the assertion that the plaintiff added or emphasized in this court, and therefore, it is identical to the corresponding part of the reasons for the judgment of the court of first instance.
2. Additional determination
A. The defendant's gist of the defendant's assertion is merely lending only the name of the real estate in this case to E, and there was no direct conclusion of the lease contract in this case or delegation of authority.
The lease contract (No. 10) kept by E, the actual owner of the real estate of this case, states only that the defendant is the joint owner. The lease contract (No. 10) submitted by the plaintiff contains the phrase "(a)" in addition to the appraisal result of the appraiser that all of the seals affixed on the above lease contract appears to be the same, the lease contract of this case is forged by the plaintiff, and the defendant is not in the status of the lessor.
B. In light of the following circumstances revealed by comprehensively taking account of the evidence examined by the first instance court and the purport of the entire argument as a result of appraisal by appraiser I of the party, it is reasonable to view that the authenticity of the instant lease agreement (Evidence A1) is recognized, and the Defendant is obliged to return the lease deposit amount of KRW 30 million to the Plaintiff according to the instant lease agreement.
① As a result of the appraiser’s appraisal of the trial court, each of the above lease agreements (No. 1 and No. 10) is presumed to have been signed by each of the defendants, C, and A’s seals on a separate lease agreement (No. 10). However, in light of the fact that the defendant’s assertion that his/her own seal affixed on the lease agreement (No. 10) submitted by him/her is also forged, the defendant’s seal affixed on the instant lease agreement (No. 10).