(영문) 대구지방법원 2014.12.24 2014나302469

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(영문) 대구지방법원 2014.12.24 2014나302469

손해배상(기)

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The Plaintiff and the Defendant agreed to dispose of the Plaintiff’s shares on the real estate listed in the separate sheet (hereinafter “instant real estate”) and to divide one half of the remainder after deducting expenses.

The Defendant sold the Plaintiff’s share in the instant real estate at KRW 281,66,666,66, and the expenses incurred in relation thereto are KRW 115,507,420. As such, the Defendant paid KRW 83,079,623 [281,66,666 - 115,507,420] to the Plaintiff with the settlement of accounts under the instant agreement. The Defendant did not pay KRW 24,079,623 to the Plaintiff.

In addition, due to the disposal of the Plaintiff’s share in the instant real estate, KRW 26,59,020 was imposed on the Plaintiff, and the said transfer income tax is also borne by the Plaintiff and the Defendant in accordance with the above agreement, but the said transfer income tax is not paid KRW 13,279,510 that the Defendant should bear.

Therefore, the defendant is obligated to pay to the plaintiff the total sum of KRW 37,359,133 and damages for delay.

2. As to the legitimacy of the instant lawsuit, the Defendant asserted that the instant lawsuit was unlawful as it was brought against the agreement between the Plaintiff and the Defendant on the lawsuit.

In full view of the purport of the entire pleadings in the testimony of the witness of the first instance trial, Eul evidence No. 1, and the witness of the first instance trial, the plaintiff agreed on June 29, 2012 that after the conclusion of the agreement as alleged by the plaintiff, the settlement amount to be paid to the defendant in relation to the disposal of the real estate of this case was set at KRW 59,000,000 and the above settlement amount was paid to the defendant in relation to the disposal of the real estate of this case, the defendant paid KRW 59,00,000 to the plaintiff on the same day. Accordingly, the lawsuit of this case is unlawful as it was brought against the agreement of the above denial.

As to this, the Plaintiff is above.

유사 판례

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