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1. Certificates drawn up by the Defendant’s notary public C office against the Plaintiff on February 28, 2011, No. 73, 2011.
Reasons
1. Basic facts
A. D, around December 18, 2007, concluded a lease agreement with the Korea Land and Housing Corporation on the E apartment No. 504 Dong 303 (hereinafter “the instant apartment”) in the e-lease apartment (10 years), a public rental apartment (hereinafter “instant apartment”).
The above lease contract is renewed every two years, but the lease contract was canceled on October 18, 2016. At the time of cancellation, the lease deposit was KRW 64,243,00 and monthly rent was KRW 517,200.
B. F acquired the right of lease on the instant apartment from D, and requested G to be a brokerage assistant at the Licensed Real Estate Agent Office to identify the number of persons to purchase the right of lease on the instant apartment at KRW 110 million (i.e., lease deposit KRW 61 million).
C. The Plaintiff acquired the right to lease of the instant apartment from the F with the introduction of G, and around December 3, 2010, paid KRW 105,364,00 to G for the acquisition price of the right to lease of the instant apartment from G, and received the original of the lease agreement on the instant apartment and the documents for securing rights from G.
(1) On January 8, 201, the Defendant entered into a sublease contract (hereinafter “instant sublease contract”) with the Plaintiff on the instant apartment between January 8, 201 and G, with the term from February 28, 2011 to February 28, 2013, with respect to the said apartment, the Defendant entered into a sublease contract (hereinafter “instant sublease contract”) as the special terms and conditions at the time, stating that “the instant apartment is a public rental apartment sold by the State, and the lessee is prohibited from moving into the address. The name of the Plaintiff is expected to be changed from the nominal owner (D) to the Plaintiff, and the guaranteed amount shall be notarized.”
(2) By February 21, 2011, the Defendant paid to the Plaintiff all KRW 100 million of the instant sub-lease deposit, and obtained the fixed date on May 10, 2016.
E. In order to secure the Defendant’s claim for the refund of the instant sub-lease deposit, the Plaintiff is below a promissory note with a face value of KRW 100 million on February 24, 201, the payment date at sight, the place of issue, the place of payment, and the place of payment, respectively.