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1. The defendant's notary public against the plaintiff shall execute the deed No. 1439, Sept. 3, 2010, drafted by Chap Law Office.
Reasons
Basic Facts
The defendant has become aware of the representative director E of the D Co., Ltd. (hereinafter referred to as "D") which was promoting real estate development business through the plaintiff's introduction.
Around September 2, 2010, the Defendant agreed to pay the Defendant KRW 500 million to E for funds necessary for real estate development business, by March 31, 201, the sum of KRW 500,000 and KRW 250,000,000,000 in the name of the profits accrued therefrom, to the Defendant by March 31, 201, and the Plaintiff jointly and severally guaranteed the said obligation against the Defendant.
The main contents of the Agreement are as follows:
(A) Indication of real estate: Kimhae-si F, G (attached Table 1, 2)
1.E shall be a safety device for receiving an investment as follows, and provisional registration shall be made at B (Defendant).
Marking of real estate: H and 11 parcels (attached Form 3-14) in Jinju-si
2.E, subject to the condition of security for receiving an investment, will set up a mortgage on the said real estate to B (Defendant).
- - The following:
1. An agreement that makes an investment of KRW 500 million in daily amount to B (Defendant) and receives KRW 250 million in daily amount as the proceeds therefrom;
2. In relation to this investment, payment shall be made for the total sum of the principal and the proceeds from September 2, 2010 to March 31, 2011, KRW 750,000,000,000.
Provided, however, that in the event of failure to implement the above arrangements, it is recognized that the real estate offered as security is disposed of at will by B (Defendant).
If the implementation is completed under the agreement, all kinds of creation and registration of the above real estate shall be immediately cancelled and cancelled.
The owner of real estate and the person who is invested in E: The person who provides security in B (Defendant) (Attachment): the representative E (Attachment) joint and several sureties: A (Plaintiff) on September 2, 2010, the defendant paid KRW 500 million to E in accordance with the above agreement.
On September 3, 2010, the Plaintiff, the Defendant, and the E, a notary public of a notarial deed with the following contents shall be the joint law office on September 3, 2010.