약정금
1. The Defendant: (a) KRW 144,464,010 for the Plaintiff and KRW 5% per annum from June 2, 2015 to October 13, 2016; and (b) the Plaintiff.
1. Basic facts
A. The Plaintiff, the Defendant, and C are shapes between D and E.
B. D’s death on December 1, 1996, and the Plaintiff, the Defendant, C, and E completed the registration of ownership transfer on the ground of inheritance on December 1, 1996, with respect to Franc-gu Seoul, Jung-gu, Seoul, which was owned by D on September 17, 2002, 178С, G large 371.2 square meters (hereinafter “instant land”).
(Plaintiff, Defendant, C Inheritance Shares 2/9, E Inheritance Shares 3/9). (C)
On October 10, 2014, Plaintiff, Defendant C, and E concluded a sales contract to sell the instant land to H, etc. for KRW 3.2 billion.
However, when waste, such as automobile oil, etc., was discovered in the instant land and the disposal cost thereof was at issue, the purchaser, including the Plaintiff, the Defendant, C, E, and the Plaintiff, etc. newly concluded a sales contract on December 4, 2014 to reduce the purchase price to KRW 3.15 billion (hereinafter “instant sales contract”); and the Defendant received the total purchase price of KRW 3.15 billion.5 billion.
On October 9, 2014, the Plaintiff, the Defendant, and C drafted a letter of understanding as shown in the attached Form, hereinafter referred to as “each of the instant notes”). E. Meanwhile, on May 24, 2015, the Plaintiff paid KRW 14,464,010 in total of the capital gains tax imposed on the Plaintiff’s shares in the instant land among the instant land due to the instant sales contract. [Grounds for Recognition] The Plaintiff did not dispute, A’s evidence 1 through 6, and B’s evidence 1 through 3 (including partial numbers, the purport of the entire pleadings, and the purport of the entire pleadings.
2. The assertion and judgment
A. The summary of the assertion (1) The Defendant prepared a letter of claim in which the Plaintiff agreed to pay KRW 100 million out of the purchase price of this case to the Plaintiff and to bear the Plaintiff’s transfer tax, and thus, is liable to pay it.
(2) Since each of the instant statements by Defendant is by coercion of the Plaintiff, it is revoked by the service of the preparatory brief dated April 28, 2015.
Even if so, the Plaintiff is obligated to pay KRW 100 million to the Plaintiff according to the instant written statement.
This is to borrow KRW 100 million from the Plaintiff.