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(영문) 서울동부지방법원 2016.11.15 2016가단122929

기타(금전)

Text

1. The Defendant’s KRW 11,392,329 as well as the Plaintiff’s annual rate of KRW 5% from October 26, 2016 to November 15, 2016.

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, each entry in Gap evidence 1 through 7, and purport of the whole pleadings);

A. 1) Seoul Gwangjin-gu Seoul Special Metropolitan City No. 108 (hereinafter “instant real estate”)

On December 8, 2008, the registration of transfer of ownership was completed in the name of the Plaintiff (1/2) and D (1/2 shares) on or around February 2015 (hereinafter “the deceased”). D was deceased on or around February 8, 2015 (hereinafter “the deceased”). Defendant, E, and F, who is his/her wife, are his/her wife, children. Of the instant real estate, the registration of transfer of ownership was completed in the name of Defendant (3/14 shares), E (2/14 shares), and F (2/14 shares) on or around February 10, 2015 due to inheritance on or around February 23, 2015.

3) Defendant, E, and F (hereinafter “Defendant, etc.”)

B) On April 6, 2015, the Defendant, etc. entered into a sales contract with G to sell 1/2 of the shares of the Defendant, etc. in the instant real estate as the purchase price of KRW 150 million, and KRW 20 million as the lease deposit for the instant real estate under the condition that G succeed by the purchaser. Accordingly, on April 6, 2015, the transfer registration under the name of G was completed on April 9, 2015 with respect to each share of the Defendant, etc. among the instant real estate. On August 17, 2012, the Plaintiff and the Deceased paid KRW 427,360 as the unpaid management expenses for the instant real estate. (c) On December 10, 2012, the Plaintiff and the Deceased agreed to pay KRW 20 million as the deposit money of the instant real estate, KRW 150,000,000,000,000,000 for KRW 130,000,00.

As a lessor of the instant real estate, the Plaintiff paid KRW 3,736,850 in total of value-added tax from April 2013 to April 2015.

2. The above recognition shall be based on a single scam, a single scam and the above recognition.