beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The fact that the Defendant purchased the instant house and completed the registration of ownership transfer on March 2, 2016 at the auction procedure for Goyang-dong District Court (hereinafter “instant house”) with respect to the building B and Goyang-dong 102, 103 (hereinafter “instant house”) at the time of strike of basic facts is not a dispute between the parties.
2. Determination:
A. The plaintiff's assertion asserts that D, the former owner of the instant house, and D, June 28, 2008, the lease deposit amount of KRW 96,600,000, and the lease term of KRW 24 months from June 29, 2008, and the lessee with the opposing power to pay the lease deposit on June 29, 2008, the plaintiff argued that the defendant who comprehensively succeeded to the status of the lessor by purchase of the instant house during the auction procedure should receive KRW 96,60,000 from the defendant who comprehensively succeeded to the status of the lessor.
B. In light of the following circumstances, the Plaintiff’s assertion is insufficient to recognize that the evidence alone submitted by the Plaintiff is a lessee who concluded a lease agreement with D and paid a lease deposit, and there is no other evidence to acknowledge this differently, and the Plaintiff’s assertion is without merit without further review.
① The lease contract (Evidence A No. 4) submitted by the Plaintiff is merely a copy of the contract, and the original is not submitted by the Plaintiff, as well as all the lessor and the name of the lessee of the contract are written in the same pen, and the contents of the contract (the agreement on the payment of deposit on June 29, 2008) and the time of payment of deposit finally asserted by the Plaintiff (the date of July 10, 2008) are doubtful as of June 28, 2008.
② On June 29, 2008, the Plaintiff asserted that her mother would have paid a lease deposit to D on June 29, 2008, but it was pointed out that the due date is different from the time the Plaintiff asserted in the case of a claim objection that had been filed prior to the instant lawsuit and in the case of an appeal against an order to deliver real estate (written evidence Nos. 9 and 10).