1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. On February 29, 2016, the Plaintiff entered into a lease agreement with C, the Defendant’s husband, and Gyeyang-gu, Incheon, Gyeyang-gu, 202 Dong 405 (hereinafter “instant apartment”), which is the deposit KRW 275 million, and the period from May 9, 2016 to May 8, 2018 (hereinafter “instant lease agreement”), and paid KRW 20 million to C on that day.

At the time, the apartment of this case was set up a collateral security of KRW 214,800,000 and KRW 85,200,000.

B. C died on March 26, 2016.

C. On March 31, 2016, the Defendant drafted a written consent on the lease, stating that “I will fully pay the lessor the amount of KRW 20 million already paid and the subsequent amount of compensation for losses incurred to the lessee due to a subsequent auction conducted.” The Defendant written to the Plaintiff.

On July 8, 2016, the Incheon District Court E rendered a voluntary decision to commence the auction of the apartment of this case, and on March 13, 2017, the decision to permit the sale was issued. The Plaintiff failed to receive any dividend in the distribution procedure.

E. Around April 2016, the Defendant paid KRW 2,180,000 to the Plaintiff.

[Ground] Facts without dispute, Gap evidence 1 through 5, Eul evidence 7-1, Eul evidence 15-1, the whole purport of the pleading [the defendant asserts that the lease agreement (No. 7-1 of the evidence No. 7) was forged.

However, the following circumstances are acknowledged by the aforementioned evidence and evidence No. 10 evidence and the purport of the entire pleadings, and the Defendant stated, through a written response, that “The name, resident registration number, address, and cell phone number was written in a paper A4 printed by the Plaintiff’s factory office on March 31, 2016,” ② the text of the lease agreement itself is that a licensed real estate agent who arranged the instant lease agreement was prepared and arranged, and ③ the court directly confirms the original copy of the lease agreement on the date of the first pleading of the trial.