약정금
1. The plaintiff's primary claim against the defendants is dismissed in entirety.
2. The Defendants jointly cooperate with the Plaintiff, 355,946.
1. Facts of recognition;
A. On October 7, 2015, the Plaintiff was merged into Q, on October 16, 2015, with the Defendant C, on the following grounds: (a) on the real estate listed in the separate sheet (hereinafter “instant real estate”), the F, G, H, I, J, J, K, L, M, N,O, and P were merged into Q on October 16, 2015; and (b) Q was combined with R on March 28, 2016.
B agreed to sell the purchase price of KRW 1.325 million (hereinafter “instant sales contract”), and set up a business contract in which the purchase price was KRW 2.8355 billion, and the purchaser was as Defendant C respectively.
In addition, around October 20, 2015, the Plaintiff and Defendant C decided to increase the sales price of the instant sales contract in KRW 1.418 billion, and written a business contract in which the purchase price is KRW 2.89,655 million, and the purchaser as Defendant Incorporated Incorporated Company B (hereinafter “Defendant Company”).
B. On October 8, 2015, the Defendant Company paid to the Plaintiff KRW 180 million, as the down payment of the instant sales contract, KRW 250 million as the intermediate payment on October 20, 2015, KRW 251 million, and KRW 987 million as the remainder payment on October 28, 2015, and KRW 1.418 billion as the remainder payment on October 28, 2015, and the Plaintiff paid KRW 250 million among the instant real estate to E, the owner of Yong-nam Cancer-gun;
C. On October 28, 2015, Defendant Company received the registration of ownership transfer for the instant real estate on October 7, 2015 for sale and purchase of the instant real estate.
A. Each contract mentioned in the above paragraph states that “All kinds of taxes, administrative fines, and penalties that are incurred additionally after the completion of ownership transfer shall be borne by the purchaser” (hereinafter “instant special agreement”). The agreement written by the Plaintiff and Defendant C on October 28, 2015 states that “The Plaintiff agrees to be liable for and to pay them upon the buyer’s occurrence of capital gains tax and administrative fines upon the purchase and sale of the instant real estate.”
(hereinafter referred to as “instant agreement”).