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(영문) 부산지방법원 2020.11.20 2019나63423
매매대금반환
Text

The judgment of the first instance court is modified as follows. A.

The Defendants shall list the attached list from the Plaintiff.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (former trade name: D Co., Ltd.; hereinafter “Defendant Company”) is a company engaging in real estate development business, etc., and Defendant C is the representative director of the above company.

B. The Plaintiff, from the Defendant Company on December 15, 2014, purchased the purchase price of KRW 72,00,000,000, and KRW 165/1611, out of KRW 1,611, of KRW 1,611, the Fung-gun, Namnam-gun on January 16, 201, the purchase price of KRW 24,00,000,000, and KRW 661,00,00,000 on June 8, 2016, KRW 82.75/661,00,000 (hereinafter “instant land 3”) out of KRW 14,50,00,000,000 each around that time.

C. The Plaintiff refers to acquisition tax, education tax, agricultural special tax, stamp, etc. paid at the time of registration of transfer of ownership of KRW 853,00 for land 1,616,00 for land 2, and KRW 1,045,40 for land 3,00 for land 1.

each disbursement was made. D.

On January 16, 2019, the Defendants prepared and delivered each of the following descriptions to the Plaintiff (hereinafter “instant notes”).

2. 2 real estate in the name of the plaintiff A (the plaintiff)

1. E (natural greenbelts 150 square meters);

2. On January 21, 2019, the Gyeong-nam Navy F, Inc. changed the term “Until January 31, 2019” to “Until February 31, 2019.”

committed to pay.

The separate amount of tax (including purchase and sale) on the above case shall be KRW 480,000 = 96,000,000 = Other/interest 15,00,000,000. If the company discontinues its business, the company may, upon closing its business, be liable for the obligation of the person himself and for the obligation of his family assets.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 5, the purport of the whole pleadings

2. The parties' assertion

A. On January 16, 2019, the Defendant Company agreed to pay the purchase price, interest, and registration cost of each of the instant land to the Plaintiff by preparing and delivering the instant letter to the Plaintiff. Defendant C shall be liable to pay the purchase price, interest, and registration cost of the instant land.

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