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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. On June 11, 2015, the Plaintiff entered into a lease agreement between the Defendant and the Plaintiff on June 11, 2015 for six months from June 11, 2015 to December 11, 2015, with respect to the prefabricated building on the ground of the Plaintiff’s land owned by the Plaintiff, but the Defendant did not pay rent at all. Even after the Plaintiff notified termination on March 28, 2016, the Defendant occupied the leased object as it was, and used and profit-making by the Defendant. The Defendant is obligated to pay the Plaintiff the Plaintiff the unpaid rent and unjust enrichment from June 11, 2015 to November 7, 2017, with the total amount of the rent and unjust enrichment from June 11, 2015 to KRW 2,900,000,000,000,0000,000,0000,000 won or more.
2. Determination
A. If the stamp image of the person in whose name the document was affixed is affixed, barring any special circumstance, it shall be presumed that the authenticity of the stamp image is created, i.e., the act of affixing the seal is based on the will of the person in whose name the document was prepared, and once the authenticity of the stamp image is presumed, the authenticity of the entire document shall be presumed. However, if it is proved that the act of affixing the seal was done by a person other than the person in whose name the document was prepared, the person in whose name the document was affixed, is liable to prove the fact that the act of affixing the
(Supreme Court Decision 2009Da37831 Decided September 24, 2009). B.
In light of the above legal principles, according to Gap evidence No. 1, as to the instant case, it is recognized that on June 11, 2015, the lease term was six months from June 11, 2015 to December 11, 2015, the lease contract (Evidence No. 100,000) was made for the lessor, the lessee, and the lessee of the instant building owned by the plaintiff, and the lease term was set up for six months from June 11, 2015 to December 11, 2015.