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(영문) 의정부지방법원고양지원 2017.09.29 2016가단29855
약속어음청구
Text

1. The defendant shall deliver real estate stated in the attached list from the plaintiff to the plaintiff at the same time. 70,000,000 won shall be applied to the plaintiff.

Reasons

1. Basic facts

A. C leased from the Korea Land and Housing Corporation the real estate listed in the separate sheet (hereinafter “the apartment of this case”) which is a rental house (hereinafter “the apartment of this case”) as KRW 64,00,000, and the lease term of this case for two years from October 30, 2008.

B. On October 30, 2008, the Defendant acquired the right of lease including the status of the purchase of the instant apartment from C.

C. The Plaintiff, around August 21, 2013, indicated “A” No. 2 as the date of preparation on June 17, 2013, but it is recognized that the Plaintiff was drafted around August 21, 2013 according to the overall purport of the pleadings.

Under the brokerage of E, a licensed real estate agent operating the D Licensed Real Estate Agent Office, the Defendant entered into a sublease contract with the 70,000,000 won (hereinafter “instant sublease contract”) for the instant apartment from August 21, 2013 to August 20, 2015 (hereinafter “instant sublease contract”). At the time of the said sublease contract, the Defendant, without attending the said sub-lease contract, prepared the instant sub-lease contract by F, the said licensed real estate agent or brokerage assistant.

The sub-lease contract of this case states that "the defendant gives a notarized amount at the time of balance and the monthly rent shall be paid by the defendant" as a special contract.

A Promissory Notes, the par value of which was KRW 70,00,000, the issuer, the defendant, the payee, the plaintiff, and the due date of payment of which was August 20, 2015 (hereinafter “instant Promissory Notes”).

E. On September 17, 2013, with respect to the Promissory Notes in this case, a notary public belonging to the Government Public Prosecutor’s Office of the Republic of Korea prepared a notarial deed of promissory Notes (hereinafter “instant notarial deed”) with No. 637, 2013, and the said notarial deed contains the name of the Plaintiff in the name of the client(s)’s agent and client(s).

In the form of the power of attorney drawn up on August 21, 2013, which is attached to the notarial deed of this case, the plaintiff is written in the form of delegation, and the defendant is written in the form of delegation, and the name of the defendant.

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