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1. The defendant's notary public against the plaintiff is based on the No. 371 No. 371 of the 201.
Reasons
1. Basic facts
A. On February 22, 2007, the Plaintiff leased 1st floor of the building of the D-based neighborhood living facilities in Gwangju-si, Gwangju-do, and on February 2, 2007, the Plaintiff leased 30,000 square meters of the above leased building (hereinafter “the front section of this case”) to E as the sublease deposit amounting to 30,00,000,000 won, monthly rent, 2,000,000, and the sublease period from April 14, 2007 to August 23, 2008, and E operated the clothing store in the front section of this case from April 14, 2007.
B. On March 21, 2011, the Defendant: (a) concluded a contract between the Plaintiff and E to transfer or take over the entire facilities and rights of the instant chassis (E’s entire facilities) from the Plaintiff to the Plaintiff at KRW 40,000,000 on the ground that the Plaintiff would recover the original copy of the sub-lease contract between the Plaintiff and E and the Defendant would be liable for 30,000,000 won for the sublease deposit; and (b) if the above conditions are satisfied, the Plaintiff agreed to allow the Defendant to enter into a lease contract between the Defendant and the building owner by March 21, 201.
Around May 3, 2011, the Plaintiff and the Defendant: (a) decided to transfer all the facilities and rights of the instant chassis (E’s pre-facilities) to KRW 40,000,000; (b) paid KRW 20,000 as down payment; and (c) paid KRW 10,000 as of May 20, 201; and (d) pay the remainder KRW 10,000,000 each month from June 201 to March 2012; (b) the Defendant succeeded to the right to sub-lease from E and paid the Plaintiff the termination document of the sub-lease contract to the effect that the Defendant will enter into a lease agreement between the Defendant and the owner of the building within one month and succeed to all the rights of E; and (c) the Defendant entered into a transfer agreement with the owner of the building by universal title.