1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On March 5, 2011, the Plaintiff entered into a lease agreement with C on a deposit amounting to KRW 42 million (hereinafter “instant lease agreement”).

B. On May 13, 2014, the Defendant, as the external third village of C, filed a counterclaim against the Defendant seeking the return of KRW 42 million against the Plaintiff, after completing the registration of housing lease based on the order of lease registration (Jansan District Court 2014Kaga790) as of the instant housing on April 10, 2014; and the Plaintiff filed a counterclaim against the Defendant seeking the return of the instant housing.

[Supplementary Patent Court Decision 2013Da80302, 2013Gadan9856 (Counterclaim)] The first instance court affirmed all the claims of the Plaintiff (Defendant in this case) and dismissed the Defendant (Plaintiff in this case)’s counterclaim. The appellate court (Supplementary District Court Decision 2014Na14914) confirmed that “the Plaintiff and the Defendant confirm that all the claims have been performed as a result of the main claim and the counterclaim after the judgment of the first instance court.”

(hereinafter referred to as "relevant civil procedure"). (c)

On July 11, 2011, the Plaintiff filed a complaint with the Defendant on the fact that “Around July 11, 2011, the Plaintiff forged a lease agreement with the lessor, the Defendant’s lessee, or the security deposit amounting to KRW 42 million,” and filed a summary order against the Defendant. The Defendant filed a request for formal trial and received a judgment of innocence on July 22, 2015.

(J) The Prosecutor appealed on October 22, 2015 (No. 2015No2618 of the same court), and on February 18, 2016, the judgment dismissing the appeal became final and conclusive on February 18, 2016 (Supreme Court Decision 2015Do17716).

(hereinafter referred to as "related criminal procedure"). [Grounds for recognition] The facts without dispute, Gap 1, 5, 6, Eul 1, 2, 3, 4, and 6, each entry of evidence, significant facts in this court, and the purport of the whole pleadings.

2. The plaintiff's assertion and judgment

A. As seen earlier, the Plaintiff entered into a lease agreement with C.