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1. There is no right of lease of KRW 105,00,000 for lease deposit with respect to real estate listed in the attached list of the defendant.
Reasons
1. Basic facts
A. On November 5, 2009, the Plaintiff created the right to collateral security of KRW 168 million with respect to the real estate listed in the attached list owned by Nonparty B (hereinafter “the apartment of this case”) and loaned KRW 120 million with respect to the said apartment to Nonparty B on November 6, 2009.
In addition, the defendant is the mother of the above B.
B. The Plaintiff filed an application for voluntary auction on the apartment of this case with a view to having failed to repay the loan properly, and the decision to commence the auction was rendered on February 6, 2017 to the Jung-gu District Court C.
C. In the above auction procedure, on July 20, 2005, the defendant asserted that he leased the apartment of this case from the above B with the lease deposit of KRW 15 million, and filed a report on the right to the above lease deposit and an application for the demand for distribution.
The defendant made a move-in report to the apartment of this case on September 27, 2005, and on May 26, 2006, the defendant transferred his resident registration to Seocheon-si D on July 12, 2006, and made a move-in report to the apartment of this case again on July 12, 2006.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserts that there is no right of lease of the defendant since the defendant did not enter into the above lease agreement with the above B, and the defendant actually entered into the lease agreement with the above B and paid the lease deposit amount of KRW 15 million, which is the legitimate lessee.
B. As to a copy of the lease contract (Evidence A7) attached when the Defendant filed a report on the right and filed an application for demand for distribution, the contract date is July 20, 2005, and the contract deposit is KRW 50 million, the remainder is KRW 50 million, and the remainder is KRW 55 million, and the remainder is paid before the occupancy.
However, considering the following circumstances recognized by the evidence submitted by the Plaintiff and the purport of the entire pleadings, it is difficult to believe the content of the copy of the above lease contract.