beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On February 26, 2009, D donated 4/7 shares out of 1,402 square meters (hereinafter “instant land”) prior to C in Gyeongnam-do, G, and 3/7 shares out of the said land to Defendant B. The Defendants completed the registration of ownership transfer on March 6, 2009.
B. On March 11, 2012, the Plaintiff purchased shares owned by the Defendants in total in the instant real estate amounting to KRW 340 million, but the down payment is KRW 340 million on the date of the contract, the balance of KRW 36 million on the date of the contract, and July 11, 2012. On the same day, the Plaintiff paid the Defendants the down payment of KRW 34 million, and the said special agreement agreed to bear capital gains tax imposed on the Defendants due to the said sale.
(hereinafter referred to as the “instant sales contract”) C.
The Plaintiff did not pay the remainder of the instant sales contract to the Defendants by July 11, 2012. Between the Defendants and the Defendants, the payment of the remainder on July 20, 2012 shall be made up to September 20, 2012. However, in the event that the Defendants are unable to perform their obligation to pay the remainder by the said payment date, the instant sales contract becomes null and void, and the Plaintiff agreed not to raise any objection (hereinafter “the Agreement on Change to the Balance Day”), and on July 23, 2012, agreed to pay the Defendants an amount equivalent to the transfer income tax arising from the instant sales upon the transfer of ownership of the instant land.
(hereinafter “instant capital gains tax payment agreement”). D.
On September 20, 2012, the Plaintiff’s employees E consulted with the Defendants on the payment of the remaining sales amount and the implementation of the procedures for the registration of transfer of ownership in accordance with the instant sales contract, etc. In addition, there was a dispute over the timing of sharing capital gains tax from the said sale. The Plaintiff did not pay the Defendants the purchase amount or deliver the documents necessary for the registration of transfer of ownership to the Plaintiff.