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(영문) 대구지방법원 2015.05.19 2015구합20055
종합소득세부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts and circumstances of dispositions;

A. On February 27, 2006, the Plaintiff and C&C Co., Ltd. (hereinafter “C&C”) signed a real estate sales contract between the Plaintiff and C&C Co., Ltd. (hereinafter “C&C”).

)The land and buildings on both Daegu North-gu B, C, D, and E and their ground (hereinafter referred to as “instant real estate”).

() A sales contract was prepared to sell the purchase price of KRW 6.28 million, and the down payment was received KRW 628 million from C&C as of the following day. However, the Plaintiff sent to C&C a certificate to the effect that C&C was “a sales contract was cancelled and confiscated the already paid down payment” on August 11, 2006. 【The sales contract was cancelled and the down payment was confiscated.”

3. The validity of this contract is the extension of the transaction of real estate between the Plaintiff and Samsung on February 27, 2006 with respect to the instant real estate, and KRW 628,00,000,00, which is the down payment that Samsung C&C paid to the Plaintiff according to the said contract, shall be succeeded as it is to this contract. 4. The amount payable on the balance and the due date of the payment shall be KRW 5,652,00,000, and the remaining payment date of the remainder shall be November 30, 206. 7. The disposal and explanation of obstacles to the instant real estate (excluding buildings owned by others, but excluding buildings owned by others) shall be included in the sale object, and the sale object of the instant real estate shall be treated as the Plaintiff’s responsibility. 【The waiver of down payment of this case’s down payment shall be disposed of.

2. ( Strategy) T&C undertakes to waive 628,00,000 won paid to the Plaintiff as sales contract deposit on February 27, 2006, and to not claim the return of the said down payment for any reason after the gold day.

3. The provisions of Article 3(1) of the instant sales contract and the provisions of Article 4 to recognize succession to the down payment are prepared for the convenience of Sam C&C, which recognize that the said contract is false and void.

C&C does not claim the validity of the down payment for any reason thereafter.

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