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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On November 12, 2014, the Plaintiff entered into a contract with the Defendant to purchase each real estate (hereinafter “instant real estate”) listed in the separate sheet (hereinafter “instant sales contract”), and agreed to pay the Plaintiff, a buyer, by including the amount equivalent to the transfer income tax (hereinafter “instant transfer income tax”) imposed on the Defendant, which is the seller of the instant real estate, in the purchase price, in cash, KRW 100 million, and KRW 1.233 million, in lieu of the Plaintiff’s acquisition of the secured debt of the right to collateral security (hereinafter “instant collateral security debt”) established on the instant real estate.
In other words, the Plaintiff and the Defendant determined the amount calculated by adding the amount of the instant collateral security debt and the amount of the instant transfer income tax to KRW 100 million as the sales price of the instant real estate, and the Plaintiff had to bear the amount of the instant transfer income tax when the amount
B. After that, on January 27, 2015, the Plaintiff and the Defendant stated that the sales price of the instant real estate was KRW 1.76 million [the sales contract (Evidence B No. 2), KRW 176 million in form, the intermediate payment of KRW 354 million, and KRW 1.23 million in balance, but the method of payment was agreed upon in the instant sales contract. However, as agreed in the instant sales contract, the Plaintiff paid KRW 100 million in cash to the Defendant, and KRW 1.23 million in cash, and KRW 1.3 billion in the instant collateral security obligation, and KRW 4.3 billion in the instant collateral security obligation, and KRW 4.3 billion in the instant transfer income tax amount], the Plaintiff and the Defendant agreed to implement the entire payment until March 23, 2015].
C. The Plaintiff paid a total of KRW 100 million to the Defendant with the instant real estate purchase price ( KRW 20 million on November 14, 2014, KRW 20 million on November 14, 2014, KRW 35 million on December 19, 2014, KRW 35 million on January 31, 2015), but the Plaintiff subscribed to the instant collateral security obligation or subscribed to the instant collateral security obligation.