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(영문) 서울중앙지방법원 2018.12.18 2018가단5147498
공제금
Text

1. The defendant shall pay to the plaintiffs each amount stated in the table of the claim amount in attached Form, and from April 26, 2018 to April 2018.

Reasons

1. Facts of recognition;

A. The relationship between the parties, the process of entrusting affairs, such as the payment of acquisition tax, the death of a certified judicial scrivener in charge, the fact of joining the Defendant Mutual Aid Association of the deceased, and the statutes related to mutual aid are as stated in the facts of recognition in the attached Form

B. On February 10, 2018, the Deceased died, and on June 14, 2018, the heirs of the Deceased were determined to waive inheritance by the court.

[Reasons for Recognition: Facts without dispute, entries in Gap1 through 121, purport of the whole pleadings]

2. Judgment on the assertion

A. The payment of acquisition tax as to whether to conclude a delegation contract constitutes an incidental work to the registration of ownership transfer, as attached at the time of filing an application for registration of ownership transfer, and the acquisition tax payment is recognized as having been agreed upon by the deceased to dispose of at the same time. As such, the Plaintiffs and the Deceased were concluded

B. The following circumstances acknowledged by the evidence revealed earlier as to the occurrence of a mutual aid accident, the deceased did not perform the duty of paying acquisition tax pursuant to the delegation contract with the plaintiffs before the death, and the deceased did not perform the duty of paying acquisition tax pursuant to the delegation contract with the plaintiffs, after receiving a prior notice of acquisition tax from the competent authority, and at the same time pay the acquisition tax from the plaintiffs. Nevertheless, the deceased did not make a separate exclusive account, but did not pay the acquisition tax, etc. at the same time. Accordingly, the deceased died without paying the acquisition tax, etc. from the plaintiffs. As a result, the plaintiffs suffered double payment without being refunded from the deceased's bereaved family members, and the deceased's bereaved family members renounced inheritance. In full view of the following circumstances, the deceased did not perform the duty of paying acquisition tax pursuant to the delegation contract with the plaintiffs before the death, and it is recognized that the plaintiffs caused the mutual aid accident.

The defendant who is a mutual aid business operator is liable to compensate the plaintiffs for damages caused by the above mutual aid accident.

C. Sub-decisions.

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