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(영문) 의정부지방법원 2016.08.17 2016가합261
구상금
Text

1. The defendant shall be the plaintiff.

(a) KRW 137,637,001 and the interest rate of KRW 20% per annum from December 30, 2004 to the date of complete payment.

Reasons

1. Basic facts

A. Seoul, Gangnam-gu, Seoul, 24 Dong 1502 (hereinafter “instant apartment”) was originally owned by Nonparty D. On May 2, 2002, the sales price of the instant apartment was KRW 895 million between D and the Plaintiff, and a sales contract was concluded between D and the Plaintiff on May 24, 2002 with the purport that the remainder of KRW 85 million should be paid on May 24, 2002, not only the down payment amount of KRW 95 million, but also the remainder of KRW 85 million was paid on May 24, 2002. Since then, the registration of ownership transfer was completed in the Plaintiff’s name on May 24, 2002.

B. On May 2, 2002, E delivered KRW 100 million to the Defendant, and on May 23, 2002, deposited KRW 200 million to the bank account in the Plaintiff’s name. The said KRW 300 million was paid to D as part of the purchase price of the instant sales contract.

C. Around August 2003, E filed a lawsuit against the Plaintiff to pay KRW 300 million and interest interest thereon, and the Seoul Central District Court rendered a judgment on October 7, 2004 that “the Plaintiff shall pay to E the amount calculated at the rate of KRW 300 million and KRW 20% per annum from August 26, 2003 to the date of full payment (Seoul Central District Court Decision 2003Da47794).” The Plaintiff filed an appeal and appeal, but all of which were dismissed, and the said judgment became final and conclusive around May 18, 2006.

In the auction procedure in which Korean Bank applied for and proceeds from the right to collateral security on the apartment of this case, E receives part of the principal and interest on the above loan with the bonds (Seoul Central District CourtF), and at present, the principal and interest on the above judgment remains 137,637,001 won and damages for delay after December 30, 2004.

Income tax on the tax item date 17,901,30 on January 30, 2009 17,901,330 on September 28, 2009 33,860,000 on April 29, 2010, capital gains tax on April 30, 2010 52,168,40 total 114,10,770 won on September 30, 201

E. Meanwhile, the above auction procedure had been in progress and around 2004, a third party acquired the ownership of the apartment of this case. On January 2, 2009, the plaintiff acquired the ownership of the apartment of this case from the head of the regional tax office of the regional tax office.

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