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(영문) 서울남부지방법원 2017.02.14 2015가합109455

정산금

Text

1. As to KRW 731,015,471 among the Plaintiff and KRW 648,424,259 among the Plaintiff, the Defendant shall start from October 31, 2015 to February 14, 2017.

Reasons

1. Basic facts

A. The current status and ownership-related C buildings of the building in Gangseo-gu Seoul Metropolitan Government, consisting of two buildings of 1,023 square meters and two buildings of 1,068 square meters above land in Gangseo-gu, Seoul, and the registration of ownership preservation was completed on March 14, 2005. < Amended by Act No. 7590, Mar. 14, 2005>

Among them, the title holder of a sectioned section in the attached list 1 through 4 (hereinafter collectively referred to as "sectioned section in the name of the defendant") is the defendant, and the title holder of the section in the attached list 5 through 9 (Article 102, Subsection 01, Subsection 03, Subsection 104, 201, and 204, collectively referred to as "subsectioned section in the name of the plaintiff") is the plaintiff.

B. On June 30, 2008, the Plaintiff and the Defendant drafted a settlement agreement with respect to the construction and sale of the G building on the F ground of Gangseo-gu Seoul Metropolitan Government (hereinafter “G building project”) and the new construction and sale of the C building, as follows:

(hereinafter referred to as the “instant agreement”). The agreement on the settlement of accounts (A) between the president of G building I and the president of G building II is terminated, and the agreement is settled as follows:

1. The distribution of profits from the Gangseo-gu Seoul Metropolitan Government Construction and Sale of Building G Building and the Gangseo-gu Seoul Metropolitan Government Construction and Sale of Building Construction and Sale of Building D, E ground-based Complex C is the settlement balance and the defendant pays 350 million won to the plaintiff by June 30, 2008. The management expenses of building C are the amount to be borne by the defendant and the plaintiff at the rate of 50:50 on the basis of the amount to be agreed between the defendant and the plaintiff.

(Attachment 1)

2. The global income tax on buildings C shall be paid at the ratio of 50:50 from the profit by summing up the amount of the global income tax on the unsold assets in lots in the name of the defendant and the plaintiff in 207 and the comprehensive income tax on such unsold assets.

3. After re-Adjustment of the sale price of H (C building 102 Dong B02) from KRW 600 million to KRW 8-900 million, H and document certification, all the costs and expected additional tax amounts after document certification shall be the defendant and the plaintiff.