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1. The Defendant shall pay to the Plaintiff KRW 4,215,092,150 as well as 15% per annum from May 28, 2016 to the date of full payment.
Reasons
1. Basic facts
A. On May 30, 2014, A sold the land B, C, and D (hereinafter “instant land”) to the Defendant at KRW 12 billion in both weeks.
(hereinafter “instant sales contract.” At the time, the instant sales contract was under way with respect to the instant land (hereinafter “instant sales contract”). However, the instant sales contract had the seller and the purchaser jointly deal with it, and the method of payment was determined as follows with respect to the remainder of eight billion won out of the sales price.
1) Upon completion of the registration of ownership transfer in the future of the Defendant, documents shall be prepared so that a collateral security of the remaining 4.6 billion won, except for the remainder 3.4 billion won, excluding the remainder 8 billion won of senior collateral security, provisional seizure, etc., from among the remainder 8 billion won, may be established with a maximum debt amount of 6.6 billion won. 2) Within 30 days after the registration of ownership transfer, documents shall be prepared so that a collateral security of the remainder 3.6 billion won, excluding one billion won, may be established with a maximum debt amount of 4.7 billion won, for the remainder.
3. The balance shall be paid within six months after development from the time one billion won is adjusted.
B. According to the instant sales contract, the Defendant completed the registration of ownership transfer for the instant land on July 21, 2014 without paying any balance, and the Defendant’s failure to pay any balance to A at all, the registration of ownership transfer was completed on September 17, 2015, based on the auction procedure for the instant land that the Defendant had been under way prior to the completion of the registration of ownership transfer.
C. Meanwhile, as of May 18, 2016, A fails to pay the capital gains tax generated by transferring the instant land to the Defendant, it bears the Plaintiff totaling KRW 4,215,092,150 as follows, in default of comprehensive real estate holding tax and capital gains tax.
Accordingly, on February 3, 2015, the plaintiff is the defendant A's.