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(영문) 대전지방법원홍성지원 2020.07.02 2019가합30829
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

On September 8, 2003, when the plaintiff was in office as a member of the organization of D religious groups C (hereinafter referred to as the "Ciplomatic Association"), which is the main point of the parties' claims, the plaintiff's claim against the plaintiff of the C church, purchased the land from Busan Dong-gu E, F, and G on September 8, 2003. The above land is impossible to transfer its ownership in the name of the C church as farmland and was entrusted to the plaintiff.

On July 20, 2005, the plaintiff was loaned KRW 500,000 to the debtor as collateral, and the debtor is the C intersection, and the interest has also been paid by C intersection.

On November 2008, the Plaintiff resigned from office as a member of the C church, but on April 24, 2009, after receiving a loan of KRW 990 million in the name of the Plaintiff on April 24, 2009, the Plaintiff repaid the existing debt amounting to KRW 500 million, and delivered the remainder KRW 490 million to the C church.

However, despite the fact that Cridge was the actual debtor, only paid the interest of 6,550,273 won on May 25, 2009, and the interest accrued thereafter was paid on behalf of the plaintiff.

The sum of interest paid by the Plaintiff from August 10, 2009 to March 28, 2013 is KRW 219,090,124.

Since then, the above land was sold by auction and the debt was repaid.

However, since the transfer registration of land ownership was made in the name of the plaintiff, the transfer income tax was imposed on the plaintiff.

After selling an automobile owned by the Plaintiff, the State collected KRW 8,834,680 of the transfer income tax by selling it, and the unpaid amount of the transfer income tax remaining at present is KRW 320,108,510.

In addition, the Plaintiff paid 37,092,800 won as farmland diversion charges for the land held in title trust in lieu of the Cridge.

Since the money paid or to be paid by the Plaintiff is the amount to be actually borne by the C Educational Association, C Educational Association shall return to the Plaintiff the total amount of KRW 585,126,114 (i.e., the transfer income tax of KRW 8,834,680, the unpaid capital gains tax of KRW 320,108,510, the farmland diversion charges of KRW 37,092,80).

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