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(영문) 전주지방법원 2019.12.19 2018가합3693
매매대금
Text

1. As to the Plaintiff KRW 275,843,140 and KRW 263,275,170 among them, the Defendant shall pay to the Plaintiff KRW 12,567,970 from October 16, 2018.

Reasons

1. Facts of recognition;

A. On May 30, 2012, the Plaintiff completed the registration of ownership transfer by reason of sale on April 13, 2012 with respect to each real estate listed in the separate sheet of real estate (hereinafter “instant real estate”).

B. On July 27, 2013, the Plaintiff sold the instant real estate in KRW 930 million to the Defendant and C.

However, on October 24, 2013, without undergoing the registration of transfer of ownership on the instant real estate from the Plaintiff, the Defendant completed the business registration of the instant real estate in the name of “Eel” under the name of his spouse D, and thereafter has operated the telecom from around that time.

C. (1) Around September 2014, the Defendant intended to sell the instant real estate to F. However, without the registration of ownership transfer under the Defendant’s name, the Plaintiff immediately completed the registration of ownership transfer of the instant real estate from F. (2) Accordingly, a sales contract was prepared to sell the instant real estate at KRW 1.64 billion between the Defendant and F, who represented the Plaintiff as a seller of the instant real estate, and F, on September 19, 2014.

(3) The Plaintiff, Defendant, and F agreed on September 22, 2014 with respect to the sale and purchase of the instant real estate (hereinafter “instant agreement”) including the following (hereinafter “instant agreement”).

A seller: The seller by proxy of the plaintiff: the defendant: F

5. The defendant who is an agent for sale shall settle all kinds of taxes and public imposts.

6. The seller is responsible for the transfer of the real estate in this case and pays it to the seller.

4) On March 9, 2015, the Plaintiff completed the registration of transfer of ownership based on the sale of the instant real estate to F. (d) Meanwhile, due to the said transfer of the instant real estate, the Plaintiff was entitled to pay the said transfer income tax for KRW 52,356,200, and the total amount of KRW 9,939,650, which was January 2, 2017, and KRW 62,295,850 (=52,356,200, KRW 9,939,650).

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