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(영문) 인천지방법원 2019.06.14 2018가합53275
손해배상금 청구
Text

1. From March 22, 2018, the Plaintiff (Counterclaim Defendant) paid to the Defendant (Counterclaim Plaintiff) for KRW 378,876,795.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

On June 21, 2006, for the purpose of implementing an urban development project, the Defendant purchased the purchase price of KRW A28.93 billion, KRW B8.4 billion, and the Defendant concluded a sales contract with the Plaintiffs on June 21, 2006, KRW 133.57, and KRW 36,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00.

[W] Article 1 (Amendment of Sales Contracts) of the Agreement between the Plaintiffs and the Defendant concluded a previous sales contract and paid 37.53 billion won as the purchase price. However, in order to compensate for the Plaintiffs’ damages due to delay in the purchase and sale of real estate, 5.0 billion won is increased, and 18.15, which is part of the sale and purchase real estate, is incorporated into a road site in relation to the business conducted in Incheon Metropolitan City, and thus, the Defendant cannot acquire ownership. As such, the remaining 4.45 billion won is deducted from the amount calculated by the formula of “the size of the above road site (18.15 square meters)” x the average price (3 million won) stipulated in the previous sales contract (hereinafter “final sales price”).

Article 3 (Relation to Transfer Income Tax) (1) Transfer Income Tax to be paid by the Plaintiffs on the basis of the final purchase price, including resident tax.

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