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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On August 17, 2002, the Plaintiff asserted that the Plaintiff leased the lease deposit amount of KRW 27,00,000 and the lease term of KRW 402 (hereinafter “the instant apartment”) to Nonparty C, the Defendant’s spouse, for the period from August 31, 2002 to August 31, 2003.
Since then, around October 29, 2003, the Defendant returned KRW 2,000,000, part of the lease deposit from the Plaintiff-friendly E, and continued to reside in the apartment of this case. However, Nonparty F, who borrowed the name under the lease contract, applied for a payment order against the Plaintiff seeking payment of KRW 27,000,000 and delay damages therefor, and issued a payment order on January 31, 2004.
Since then, the Plaintiff filed an objection to the above payment order and brought a lawsuit with the Jeonju District Court Branch Branch of 2008Kadan1144, and the conciliation was concluded between the Plaintiff, C and F to pay C 6,950,000 won until June 30, 2008, and C to pay F the said money immediately.
The plaintiff found the defendant's house on June 30, 2008 following the above conciliation and paid C KRW 6,950,000.
However, C tried to enforce compulsory execution such as filing a claim for property specification against the plaintiff even though C received all the money from the plaintiff.
Accordingly, the Plaintiff filed a complaint against the Defendant, C, and F on suspicion of fraud, fabrication of private documents, and uttering of a falsified document, etc. with an investigative agency, and the Plaintiff filed a suit against C to seek the denial of compulsory execution pursuant to the above protocol of mediation against C. However, in the lawsuit of objection, even though the Plaintiff won the case at the first instance court, the Plaintiff became disqualified in the appellate court due to the Defendant’s perjury and the manipulation of evidence.
Since then, the plaintiff was prosecuted for attempted fraud and suspicion of false accusation, and the plaintiff was finally acquitted.
As such, the Plaintiff is KRW 6,950,000 according to the above protocol of mediation.