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(영문) 수원지방법원 2018.05.04 2016가단550604
청구이의
Text

1. The Defendant’s notary public against the Plaintiff has the executory power of No. 152 of March 6, 2014, 2014.

Reasons

1. Facts of recognition;

A. On August 18, 2009, E entered into a lease agreement with the Korea Land and Housing Corporation and the Korea Land and Housing Corporation, Osan City F apartment G (hereinafter “instant apartment”). On the same day, the Plaintiff acquired the right to lease of the instant apartment from E and received documents for securing rights, such as a sale note, a waiver of rights, etc., signed and sealed by E while taking over the right to lease of the instant apartment.

B. On March 1, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the instant apartment, setting a deposit of KRW 40,00,000, monthly rent of KRW 450,000, and the lease period from March 1, 2014 to February 28, 2015.

Of the terms and conditions of the instant lease agreement, the provisions pertaining to the instant case are as follows.

[Matters of Special Agreement]

1. The above apartment is a contract in which both parties become aware of in the state that it was not given a sub-lease from the Corporation as a public rental apartment of the ELS Corporation, and the lessee is an active cooperation key in the actual state.

3. The amount equivalent to deposit money shall be notarized by promissory notes, and in this case, 50% of the expenses shall be borne respectively.

5. The rent for a year (12 months) shall be paid in advance on March 1, 2014;

C. On March 6, 2014, the Plaintiff issued a copy of a promissory note with a face value of 40,000,000 won at a face value, and on March 1, 2014, and on March 1, 2014, at a sight of the due date (hereinafter “instant promissory note”) to the Defendant, a notary public prepared and issued a notarial deed (hereinafter “notarial deed of this case”) with a law firm No. 152 as to the said promissory note as the D Deed No. 2014.

On March 10, 2014, the Defendant paid KRW 5,400,000 to the Plaintiff for one-year rent of the instant lease agreement.

E. On or around December 8, 2015, the Plaintiff returned KRW 40,000,000 with the Defendant and the instant lease deposit, and in installments, KRW 6,000,000 each on six occasions every three months from December 8, 2015 to March 8, 2017, respectively, and the agreement to pay KRW 4,00,00,000 each on June 8, 2017 (hereinafter “instant agreement”).

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