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(영문) 수원지방법원성남지원 2019.10.25 2018가단221514

비용상환청구

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 10, 2005, the Plaintiff made an oral agreement with the Defendant, C, and D to purchase real estate by investing KRW 1.8 billion, and pursuant to the said agreement, on June 22, 2005, the Plaintiff purchased the pertinent real estate in the name of the Plaintiff, F field 397 square meters, G 142 square meters, G 745 square meters, and I forest land 86,547 square meters (hereinafter referred to as “instant co-owned real estate”). On June 10, 2005, the Plaintiff purchased each of the instant real estate under the name of the Plaintiff, 650,000 won and 792 square meters and above-ground buildings (hereinafter referred to as “the instant real estate registered in the name of the Plaintiff”) in the name of the Plaintiff, and completed the registration of the ownership transfer under the name of the Plaintiff and the Defendant, each of the instant real estate registered in the name of the Plaintiff on September 2, 2005.

B. The Plaintiff, the Defendant, and C, and D confirmed a title trust relationship with respect to the instant title trust real estate on the date of 2013. On the other hand, a “a confirmation agreement” containing an agreement to make equal payment in all the taxes and public charges imposed on the instant real estate held in title trust, including the agreement to pay the instant real estate in installments.

C. The Plaintiff paid, with a long-term care insurance premium for the year 2006, KRW 1,58,980 for the year 2006, KRW 2,334,170 for the year 207, KRW 4,768,630 for the year 208, KRW 4,619,280 for the year 209, KRW 4,619,280 for the year 2010, KRW 4,876,140 for the year 2010, KRW 5,355,980 for the year 201, KRW 5,54,940 for the year 2012, KRW 6,58,650 for the year 2013, KRW 5,816,400 for the year 2015, KRW 4,870 for the year 2015, KRW 476,781 for the year 2017.

The Plaintiff paid the comprehensive real estate holding tax amounting to KRW 12,920 for the year 2012, KRW 54,740 for the year 2013, KRW 114,460 for the year 2014, KRW 339,510 for the year 2015, KRW 549,490 for the year 2016, KRW 715,940 for the total amount of KRW 1,787,060 for the year 2017.

E. On February 21, 2019 and April 19, 2019, the title trust relationship between the four above persons with respect to the instant real estate was completed respectively by D and J, respectively.