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(영문) 서울동부지방법원 2014.04.11 2012가단117653

부당이득금

Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit;

Reasons

Basic Facts

① 파주시 C 임야 2,750㎡, ② D 임야 21,217㎡, ③ E 임야 19,492㎡, ④ F 임야 952㎡, ⑤ G 임야 1,653㎡(이하 ‘이 사건 임야’라고 한다)에 관하여 ⑴ H, ⑵ I, ⑶ J, ⑷ K, ⑸ L, ⑹ M, ⑺ N, ⑻ O, ⑼ 피고, ⑽ P, ⑾ 원고 등 11명이 1989. 4. 14. 각 1/11 지분에 관하여 소유권이전등기를 마쳤다.

④ On July 14, 1998, the registration of transfer of ownership was completed on the ground of sale as of the Plaintiff on June 22, 1998, on July 14, 1998, with respect to Qinju-si 3,913 square meters, and 3,226 square meters in Rin-si, Pinju-si (vi).

However, the facts are as follows: (a) the Plaintiff, the Defendant, and the remaining nine persons (hereinafter collectively referred to as “the instant association members”) purchased the forest land and land in this case by forming the “association” and subsequently developing them together; and (b) accordingly, purchased the forest land and the instant land. While the instant forest completed the registration of ownership transfer only under the name of the Plaintiff only for the name of the Plaintiff, the remaining union members entered into a title trust agreement with the Plaintiff and title trust 1/11 of their respective shares to the Plaintiff.

On October 25, 2007, A entered into a sales contract with S to sell the forest land and land of this case in KRW 3.82,00 billion on behalf of the instant members. As to the instant land, A completed the registration of ownership transfer on February 28, 2012, and thereafter completed the registration of ownership transfer on the remainder of 10/11 shares of the instant forest except for 1/11 of the I’s shares with respect to the instant forest land.

(However, the grounds for registration on the registry are the sales contract dated February 28, 2012). The Plaintiff reported and paid capital gains tax on January 146, 2010 as capital gains tax for the sale of the instant land by S.

[Grounds for recognition] Gap 1-1 to 1-7, 2, 5, and 6 respectively.