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1. The defendant's notary public against the plaintiff is based on the notarial deed No. 389, No. 389, 2010.
Reasons
1. Basic facts
A. Defendant, C, and D (hereinafter “Defendant et al.”) jointly invested funds to newly construct eight-story telecomel (hereinafter “instant telecom”) on the south-gu, Incheon, E, F, G, and H ground.
C. On February 13, 2004, the Republic of Korea: (a) registered the preservation of ownership in shares of 1/2 with respect to the instant franchise; and (b) on July 12, 2004, the Defendant registered the provisional registration of the right to claim the transfer of shares (hereinafter “the provisional registration of this case”).
B. On June 25, 2009, the Plaintiff purchased the instant telecom and the instant telecom from C and D, 4 lots of land for the instant telecom and the instant telecom, and 4.4 billion won, and paid the down payment of KRW 200 million on the date of the contract, while paying the down payment on the date of the contract. Of the purchase price, for KRW 3.3 billion, the Plaintiff succeeded to the secured debt of the right to collateral security established with respect to the instant telecom, etc., totaling KRW 3.3 billion (hereinafter “the debt of this case”).
As to the remainder of KRW 900 million, three parties including the Defendant, etc., agreed to rent and operate the instant Moel from the Plaintiff, and converted the remainder into the lease deposit (hereinafter “instant lease contract”), and three parties including the Defendant, etc., operated the instant Moel for a year thereafter.
C. On July 28, 2010, the Plaintiff was unable to complete the registration of ownership transfer of the instant Maurel, etc., and exchanged the instant Maurel, etc. with the real estate on the part of the J, but the J acquired the instant loan obligations, and entered into a sales contract with the J to pay KRW 500 million out of the lease deposit under the instant lease agreement. Accordingly, the J paid KRW 50 million to the Defendant and other three parties.
The Plaintiff’s obligation to return the lease deposit under the instant lease agreement = KRW 400 million.