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Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.
Reasons
1. Basic facts
A. On November 20, 2014, the Defendant is the owner of the cement brick brick structure and roof of Daegu Suwon-gu C, and on November 20, 2014, the Plaintiff leased from the Defendant two million won as deposit money, two million won as deposit money, two million won as rent monthly rent, and twenty-four months as from November 20, 2014, the term of lease.
(hereinafter “instant lease agreement”). B.
The Plaintiff paid only the rent to the Defendant during November 2014, December 2014, January 2015, and March 4, 2015, and did not pay the remainder of the rent under the instant lease agreement.
C. On July 28, 2016, the Defendant filed a lawsuit against the Plaintiff for delivery of the instant building, overdue rent, and claim for public charges (hereinafter “instant related lawsuit”) with the Daegu District Court Decision 2016Da24502, and was sentenced to a favorable judgment by public notice, and upon which the judgment became final and conclusive, filed an application for compulsory sale of real estate with the Plaintiff’s title of title for the execution of the said judgment to KRW 3,967,240 (one,80,000,000,000,000 won for rooftop advertising, KRW 1.65,640, and interest KRW 501,60,000,000,000 as the total principal of the instant building, including KRW 3,465,640, and KRW 501,600,00,000,000).
(hereinafter “instant auction case”). D.
The Plaintiff filed a complaint against the Defendant for the alteration of a private document, the uttering of a falsified document, and the fraud. On April 6, 2018, the Defendant: (a) had the Daegu District Court 2017 High Court 2017 High Court 2123 fraud, etc.; (b) had the Defendant alter the above lease agreement by arbitrarily adding to “the special terms and conditions of the instant lease agreement at the rate of KRW 300,000 per month in arrears,” and (c) had the Defendant submit the altered lease agreement to the court while filing the instant lawsuit; and (d) had the Plaintiff submit the said altered lease agreement to the court; (c) did not have the right to file a claim for arrears of KRW 300,000 per month due to the lack of a special contract for arrears with the Plaintiff.