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1. The Defendant shall pay to the Plaintiff the full amount of KRW 225,101,80 and KRW 204,852,480, out of the above amount.
Reasons
1. Basic facts
A. On April 27, 2011, the Plaintiff entered into a sales contract with the Defendant to sell KRW 1,054 square meters prior to Daejeon-gu Daejeon-gu, Daejeon-gu, which was owned by the Plaintiff (hereinafter “instant land”) for KRW 1.50 million.
(hereinafter “instant sales contract”). B.
The Plaintiff, in the course of making and selling the instant land, presented the purchase price of KRW 1.9 billion to the Defendant. Accordingly, the Defendant proposed that the actual transaction price shall be KRW 1.5 billion to the Plaintiff, but the Plaintiff shall reduce the transfer income tax to be paid by the Plaintiff with the purchase price of KRW 1.0 billion on the contract and that the Defendant shall be fully responsible for any disadvantages incurred to the Plaintiff, such as where the transfer income tax is additionally imposed on the Plaintiff. In this regard, on April 27, 2011, the Plaintiff drafted a sales contract with respect to the instant land, the actual transaction price for the Defendant and the instant land shall be KRW 1.5 billion, but the sales price for the purchase price shall be KRW 90 million (hereinafter referred to
C. On April 201, the Defendant, upon entering into the instant agreement, drafted and delivered to the Plaintiff a letter of performance of land purchase (hereinafter “instant agreement”), stating that “B, in order to purchase the land of KRW A 1.9 billion at the market price of KRW 1.5 billion per owner, the purchaser B sold the land of KRW 500 million in cash, and that KRW 1.00 million was requested to the land owner A who would sell the land at the price of the land but refused, obtained and subsequently accepted, and subsequently, received any benefit (transfer tax), the buyer promised to compensate for the full amount of the land purchase and to purchase the said land.”
The Plaintiff paid the Plaintiff’s tax, by May 25, 201, received all KRW 1.5 billion from the Defendant, and completed the registration of ownership transfer on the instant land to the Defendant, and voluntarily returned and paid the capital gains tax and local income tax based on KRW 900,000,000 on the multi-unit contract.
(e).