경정청구거부처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On December 3, 2012, the Plaintiff entered into a sales contract with the seller for the purchase of KRW 18,743 square meters of G forest (hereinafter “instant land”) at Kimpo-si, Kimpo-si (hereinafter “instant sales contract”). On the same day, the Plaintiff paid the seller KRW 300,000 as the down payment and paid the seller KRW 300,000,000 as the down payment, and completed the registration of ownership transfer of the instant land in the Plaintiff’s name on the grounds of the said sale.
B. On December 3, 2012, the Plaintiff reported and paid the acquisition tax of KRW 190,000,000,000 for the acquisition of the instant land as the tax base to the Defendant, which is KRW 4,750,000,000 for the said purchase price, and the local education tax of KRW 19,00,000 for the local education tax and special rural development tax of KRW 9,50,00
C. At the time of the instant sales contract, the instant land was registered to establish a neighboring mortgage establishment of KRW 4,440,000 with the maximum debt amount of KRW 4,00,000,000, which is the mortgagee at the time of the instant sales contract (hereinafter “H organization”). However, upon the H organization’s voluntary auction application, the instant land was sold to J on March 17, 2014 after the commencement of the auction procedure to the Busan District Court Vice-Support I, which was sold to J on May 30, 2013.
On July 10, 2015, the Plaintiff filed a lawsuit against B, D, E, and F claiming refund of the purchase price, etc. due to the rescission of the instant sales contract and compensation for damages due to nonperformance (Seoul Central District Court 2015Gahap54175). From the appellate court of the said lawsuit [Seoul High Court 2016Na2025704 (principal lawsuit), 2017Na2010648 (Counterclaim)] on August 18, 2017, the instant sales contract was already rescinded, and the conciliation was concluded that “The Plaintiff shall jointly and severally pay 350,000,000 won to the Plaintiff” (hereinafter referred to as “instant conciliation”).
E. On November 15, 2017, the Plaintiff registered the ownership transfer of the instant land under the Plaintiff’s name on December 3, 2012 pursuant to the instant sales contract to the Defendant, but thereafter the seller thereafter.