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1. The Plaintiff’s notary public against the Defendant is a law firm C. Promissory note No. 883, July 22, 2015.
Reasons
1. Basic facts
A. On February 2015, E, who runs the authorized brokerage business in the name of the Plaintiff, applied for the lease of the F apartment in Suwon-si, which is a public rental housing leased from LH Corporation. On February 2, 2015, E, who entered into a lease agreement with the LH Corporation and the F apartment G in Suwon-si, which is a public rental housing unit (hereinafter “instant apartment”). The lease deposit was determined as KRW 89,080,00 and monthly rent 472,720.
B. On April 11, 2015, the Defendant concluded a real estate sales contract with the Plaintiff and the buyer as the Defendant for the purchase price of KRW 160,080,00 for E and the instant apartment complex (hereinafter “instant sales contract”). The substantial content thereof is that if the Defendant resided in the instant apartment after acquiring a right of lease and making a conversion for sale in the name of the Plaintiff, the Defendant will complete the registration of ownership transfer in the future.
C. Meanwhile, as seen earlier, E prepares a power of attorney with the Plaintiff’s seal kept in the process of concluding a contract under the Plaintiff’s name to entrust H with the preparation of a promissory note No. 883 (hereinafter “notarial deed of this case”) on behalf of the Plaintiff, on July 22, 2015, H drafted a promissory note No. 883 (hereinafter “notarial deed of this case”) with the content that, on behalf of the Plaintiff, a notary public entrusts the Plaintiff with the law firm C, that “the Plaintiff issued a promissory note with a face value of KRW 165 million, which is payable at sight for the due date, and if the payment of the said note is delayed, it shall be recognized that there is no objection” (hereinafter “notarial deed of this case”).
LH Corporation notified the Plaintiff of the unlawful transfer of the Plaintiff’s right to lease from the Suwon District Prosecutors’ Office on May 8, 2017, and notified the Plaintiff of the termination of the lease agreement on May 16, 2017, and the Defendant removed from the instant apartment on November 7, 2017.
[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 5, and the purport of the whole pleadings
2. The assertion.