약정에 기한 수익금
1. The Defendant’s KRW 131,805,827 as well as the Plaintiff’s KRW 5% per annum from August 21, 2011 to January 17, 2018.
1. Facts without dispute;
A. The Plaintiff and the Defendant agreed to purchase the said real estate (successful bid) at the compulsory auction procedure on 20/100 of D shares out of C/C forest 227,570 square meters (hereinafter “instant real estate”) at Silung-si, and to distribute the profit at 30:70 percent.
B. The Plaintiff invested KRW 335,000,000 in the auction proceeds of KRW 1,114,00,000, and the Defendant 779,000,000.
C. The Defendant purchased the instant real estate under the Defendant’s name on June 9, 2009 (successful bid).
On August 20, 2011, the Defendant sold the instant real estate in KRW 1,690,000,000 to E and two other (F and G).
Of the purchase price, KRW 1,350,000,000 acquired respectively by the Defendant, KRW 340,000,000.
E. The Defendant reported the transaction value of the instant real estate in KRW 1,350,000.
2. Judgment on the assertion
A. The Defendant asserting the cause of the Plaintiff’s claim is obligated to pay to the Plaintiff totaling KRW 144,480,000 and delay damages for the following: (a) the amount equivalent to the Plaintiff’s share (30%) out of the difference in the real estate purchase price.
(1) Gains from the transfer of the purchase price reported 236,00,000 won (the purchase price reported 1,350,000,000 won - the successful bid price of KRW 1,114,00,000), 141,60,000: 30%: 42,480,000 won; (2) 340,000 won in difference between the actual purchase price and the purchase price reported 340,000 won: 102,00,000 won.
B. From the difference in the purchase price alleged by the Defendant, the profits should be calculated after deducting the following expenses paid at the time of acquisition and sale of the instant real estate:
(1) Local tax, such as property tax, etc. paid until the time of sale after the acquisition of real estate, shall be KRW 13,506,470, including property tax, etc. < Amended by Act No. 44,584,790, registration tax, KRW 68,400, and KRW 13,506,470, such as property tax, etc. < Amended by Act No. 77350, Mar. 7, 3500, 735,000,000>
(c) The national housing bond 1 is sold at a discount or redeemed in full at maturity, so that the above amount is all costs.