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(영문) 부산지방법원 2015.05.21 2014가단227962
약정금
Text

1. The Defendant’s KRW 61,456,586 as well as the Plaintiff’s KRW 5% per annum from July 7, 2014 to May 21, 2015.

Reasons

1. Facts of recognition;

A. On January 3, 2014, the Plaintiff entered into a real estate sales contract with C on January 3, 2014, 10 households (Nos. 101, 201, 301, 302, 303, 304, 401, 402, 403, and 404, and hereinafter “instant real estate”).

(2) The sales contract of this case is to sell the sales price to 1.2 billion won (hereinafter “instant sales contract”).

(2) C paid 100 million won to the Plaintiff on the day of the contract, and the intermediate payment of 300 million won to the Plaintiff on January 27, 2014, and the remainder of 800 million won to the Plaintiff on March 3, 2014.

3) The special terms and conditions at the time of the instant sales contract correspond to the subject matter on the same day and enter into a contract in the present condition. 2. The seller’s change in the indication of the registry is performed by the seller seven days before the remainder of the contract. The seller’s name on March 1, 200 and the second-class seller’s name are adjusted by 50% until the remainder of the contract. 4. The seller’s name at the remainder of the contract may be deemed a third party. 6. The seller is recognized by account transfer. (B) The Plaintiff and C, on April 8, 2014, entered into a contract with the buyer of the instant sales contract as “the Defendant”; (3) the date of the contract as “the date of the intermediate payment”; and (4) each real estate sales contract as “the date of the remainder of the contract as of March 17, 2014” and “the date of the remainder of the contract as of April 8, 2014.”

(C) On June 26, 2014, the Plaintiff reported transfer income tax of KRW 122,276,660, and local income tax of KRW 134,50,320 (hereinafter “transfer income tax, etc.”) to the Plaintiff at the time of the said modified contract. The Plaintiff reported transfer income tax of KRW 122,276,660 (hereinafter “transfer income tax”).

2) On June 30, 2014, the Plaintiff paid KRW 73,366,660 out of the above taxes, and the remainder of the taxes paid on October 8 of the same year. [Grounds for recognition] The Plaintiff did not dispute, and evidence Nos. 1, 2, 3, 4, 6, 12 (including each number), and witness E.

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