소유권이전등기
1. The Defendant’s KRW 462,957,686 as well as the Plaintiff’s annual rate from January 17, 2018 to February 13, 2018, and the following.
. The instant contract cannot be deemed to have been concluded on the premise that the Defendant sells the instant real estate in the future, and there is no evidence to support the fact that the Plaintiff and the Defendant agreed to sell the instant real estate at the time of the instant contract and distribute its profits.
Therefore, it is not necessary to deduct the amount equivalent to the plaintiff's settlement rate from the plaintiff's settlement amount of capital gains tax.
In addition, the settlement of this case is not a profit-making interest, and it is not a problem whether the defendant should withhold the interest income tax.
4) The Defendant’s settlement amount to be paid to the Plaintiff is KRW 462,957,686 as follows: ① KRW 226,00,00 for the purchase price borne by the Plaintiff; ② KRW 1,092,386,821 for the increase of market price = 2,115,840,450 for the purchase price, etc. of the instant real estate; ② KRW 1,023,453,179 for the purchase price, etc. of the instant real estate ③ KRW 241,221,92,386,821 for the Plaintiff out of the market price increase = KRW 226,00 for the market price increase = KRW 1,00,000 for the Plaintiff, KRW 23,453,470, KRW 360 for the acquisition tax and property tax, KRW 15,679, KRW 639, KRW 700 for the Plaintiff’s 206, KRW 16364,27946,275
4. Conclusion
A. The plaintiff's primary claim is dismissed as it is without merit.
B. It is reasonable for the Defendant to dispute the existence and scope of the obligation to perform as to the Plaintiff from January 17, 2018 to February 13, 2018, the date following the delivery of the Plaintiff’s claim and application form for change of the cause of the claim to the Plaintiff. Therefore, the Defendant is obliged to pay damages for delay calculated at a rate of 5% per annum as prescribed by the Civil Act and 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.